Post by account_disabled on Mar 11, 2024 9:50:16 GMT
Transbrasil's bankruptcy process had another chapter this week. Judge Clóvis Ricardo Toledo Júnior, of the th Civil Court of São Paulo, responsible for the action, decided to keep lawyer and economist Alfredo Luiz Kugelmas as the company's liquidator even after he said he was interested in leaving the process for “intimate forum” reasons. and lack of reimbursement of expenses generated by the position. The judge did not justify his decision. He rejected the request and even authorized the syndicator to raise money from the estate to pay himself. For this reason, the company's defense has already filed a new appeal with the São Paulo TJ.
The liquidator is the administrator and legal representative of the bankrupt estate, who is under the direction and supervision of the judge. Among numerous functions, in the bankruptcy process, he has to provide information to interested parties, arrange the collection of debts from the estate, present administrative accounts and promote the liquidation of the collected assets.
Kugelmas's stay, however, is being questioned by the company's Austria Phone Numbers List lawyers, especially after the same judge appointed the liquidator's son-in-law, lawyer Gustavo Henrique Sauer de Arruda Pinto, to act as co-syndicator. Transbrasil, represented by lawyers Critiano Zanin Martins and Roberto Teixeira, claims that the involvement of other family members in the process would constitute nepotism, prohibited by Binding Precedent , of the Federal Supreme Court.
Still in the process, the Public Prosecutor's Office of São Paulo has already requested the dismissal of Kugelmas for the losses caused to the bankrupt estate due to missed deadlines and other acts considered insidious by the MP.
The decision that kept Kugelmas in office is already the subject of a new appeal. The lawyers appealed to the São Paulo TJ with an Interlocutory Appeal to try to suspend the decision. According to the company, the liquidator's act is equivalent to a resignation and this cannot be rejected, as it is a unilateral act. Furthermore, the property manager alleges matters of an intimate nature, but these are not explained.
The lawyers point out that as for the liquidator's son-in-law, “the supposed intended renewal, in fact, is nothing more than family continuity, authentic nepotism in a public role, further aggravated by the appointment of the daughter of one and the wife of another to advocate in favor of the bankrupt estate.”
Finally, they request that the appeal be granted to accept the resignation expressed by the trustees appointed in the bankruptcy proceedings, regardless of any acceptance by the judge or the other parties.
The liquidator is the administrator and legal representative of the bankrupt estate, who is under the direction and supervision of the judge. Among numerous functions, in the bankruptcy process, he has to provide information to interested parties, arrange the collection of debts from the estate, present administrative accounts and promote the liquidation of the collected assets.
Kugelmas's stay, however, is being questioned by the company's Austria Phone Numbers List lawyers, especially after the same judge appointed the liquidator's son-in-law, lawyer Gustavo Henrique Sauer de Arruda Pinto, to act as co-syndicator. Transbrasil, represented by lawyers Critiano Zanin Martins and Roberto Teixeira, claims that the involvement of other family members in the process would constitute nepotism, prohibited by Binding Precedent , of the Federal Supreme Court.
Still in the process, the Public Prosecutor's Office of São Paulo has already requested the dismissal of Kugelmas for the losses caused to the bankrupt estate due to missed deadlines and other acts considered insidious by the MP.
The decision that kept Kugelmas in office is already the subject of a new appeal. The lawyers appealed to the São Paulo TJ with an Interlocutory Appeal to try to suspend the decision. According to the company, the liquidator's act is equivalent to a resignation and this cannot be rejected, as it is a unilateral act. Furthermore, the property manager alleges matters of an intimate nature, but these are not explained.
The lawyers point out that as for the liquidator's son-in-law, “the supposed intended renewal, in fact, is nothing more than family continuity, authentic nepotism in a public role, further aggravated by the appointment of the daughter of one and the wife of another to advocate in favor of the bankrupt estate.”
Finally, they request that the appeal be granted to accept the resignation expressed by the trustees appointed in the bankruptcy proceedings, regardless of any acceptance by the judge or the other parties.