Itapemirim bankruptcy court appeals to judge over Tietê’s window rentals to Águia Branca and Real Expresso

In addition, EXM Partners is looking to complete the performance of Eduardo Abrahão, from Transconsul; to provide information such as the location of the bus, the list of employees, the list of movable assets and the documentation of the Cachoeiro de Itapemirim road park


Arthur Ferrari collaborated

In a petition to Judge João Oliveira Rodrigues Filho, Court of Justice of São Paulo, who declared the bankruptcy of the Itapemirim Group companies on September 21, 2022, the judicial administrator EXM Partners appealed against the rental of cabs operated by Itapemirim and Caiçara (Kaissara) at the Tietê bus station used by two interstate bus companies: Viação Águia Branca and Real Expresso.

The document is dated September 30, 2022, a Transportation log had access to orders on Monday, October 03, 2022.

In addition, EXM Partners is looking to complete the performance of Eduardo Abrahão, from Transconsult; to provide information such as the location of the bus, the list of employees, the list of movable assets and the documentation of the Cachoeiro de Itapemirim road park.

According to the administrator, the Court approved that the lines and structures used by Itapemirim and Caiçara be leased for at least one year to Suzantur (Transportadora Turistica Suzano), which operates city buses in the ABC Paulista section and in São Carlos, Sao Paulo.

EXM Partners claims that he came across it when he went to pick up goods at the Tietê counters “people accompanied by the court administrator Eduardo Abrahão, the immediate removal of Itapemirim’s property from there, as it would now belong to Real Express, which was supported by Socicam – the responsible/tenant of the counter, through its representatives who were on site”.

Also according to the report in the request to the judge, “The manager’s representative, in a continuous process, requested that the goods that had been removed until then be returned to the place of origin, because they had to be taken over and sealed, and obstacles appeared in the audit, which resulted in the obstruction of Socicam. access to movable property that was at the disposal of the court administrator”.

These goods include a safe from the Itapemirim group, computers, tables and furniture in general, along with various IT equipment.

EXM Partners also claimed that the court administrator was prevented from working.

This is because representatives of Socicam, together with Real Express, closed the place and prevented any movement of this subsidiary company, which should not be allowed, in

clear fraud in order to comply with a court order already issued in this case such as sealing and collection of assets.

The representatives of Real Express and Socica claimed that they were contractually supported and that the court administrator could not act in that format, enter the property and continue with the sealing, because it would no longer belong to the Itapemirim group. .

The complaint refers to two window rental contracts:

– Ticket module no. 352: who used Caiçara. Under the agreement, Viação Águia Branca would become the title of the space from September 1, 2022. Águia Branca would in return pay R$189,500 (R$186,503.89) in cash for late rents from Caiçara, while continuing to use it.

– Box office no. 448, 449, 451, 452, 453 A, 446 and 447: used by Itapemirim/Kaissara. According to the contract, Real Expresso would take over these premises and would spontaneously stop using cash registers no. 413, 440 A, 4408, 441 A, occupied by Socicam as tenant, at the Tietê bus station. In addition, Real Expresso would deposit R$200,000 to Caiçara and pay up to R$587,600 (R$587,695.01) to Socicam for the rents deferred by Itapemirim/Kaissara.

According to EXM Partners, the contracts were signed after the entry of the new court administrator (Transconsult) and had no judicial authority, which now violates the bankruptcy decision, which is the beginning of the lease for Suzantur.

The document asks the representatives of Socicama, Águia Branca and Real Express to explain these contracts through the counters in the procedure.

EXM also reports on Transconsult’s alleged lack of cooperation in providing information necessary for the conclusion of bankruptcy proceedings and for the execution of deeds by the receiver.

Based on this claim, EXM asks the judge to order for Transconsult:

Regarding the vehicle: We need you to tell us the location of existing vehicles that you know of, to give us the address, vehicle details and contacts we can speak to in order to proceed with the collection.

In relation to movable property: We need you to tell us the location of the locations (own sales points, operational bases, garages, bus station counters, etc.) who we can talk to in order to continue the collection.

Regarding the Cachoeiro de Itapemirim road park: If possible, indicate which registrations make up the entire property in Cachoeiro de Itapemirim. As we discussed, tomorrow I will be in Cachoeiro de Itapemirim to continue the collection of the goods, we can arrange a meeting in the afternoon (I arrive in Vitoria at 13:40), with someone who can help us and provide the keys and all other information to access the property and continue downloads during the weekend.

Regarding employees: Can you provide us with a list of active employees, as well as the contact information of the person responsible for Group HR, so that we could proceed with terminations and other formalities. In addition, we need you to provide us with an individualized list of all outstanding debts with each employee of the Group (vacations, terminations, salary balances, etc.).

Regarding financial, accounting and official documentation: Could you please let us know where these files and documents are located, so that we can continue to collect these documents. Additionally, if you have system file backups, digital files, and others, you need to provide this information to this administrator

Additionally, EXM Partners is seeking the termination of Eduardo Abrahão, from Transconsult

As stated in point 1. b of this, it is configured that Mr. Edward

Abrahão plays the role of “judicial manager” of the company even after his own

breach, if you deign to expressly declare the cessation of your functions in

management of companies, since it is the only legitimate one to defend interests

The bankrupt estate would be this bailiff, under penalty of disobedience; It is also noted that this termination of office does not release the former court administrator from the duty to provide the necessary information for the smooth running of the bankruptcy, as well as from the duty to deliver the property and documents of the bankruptcy trustees that are in their possession to this day, under the criminal penalty of investigation into bankruptcy offenses from by representatives of the Public Prosecutor’s Office;

Authorization to pay bills from BRK Ambiental – Cachoeiro do Itapemirim and EDP ESPIRITO SANTO DISTRIBUIÇÃO DE ENERGIA SA is also requested, and a ban on the interruption of water and electricity supply to the operational facility, on Plateau 3, located in the city of Vitória /ES.

see the documentation

Adamo Bazani, journalist specializing in traffic

Arthur Ferrari collaborated

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