COMMERCIAL COMPETITIONS COMPETITIONS
. VERIFICATION PROCESS. Demand for verification.
CONTENT OF APPLICATION. TAXES. Inappropriate. DGI. CLAIM.
CHECK ITEM "ADVANCE TAX ASSET." ALTERATION OF THE PARS
creditorum conditio. DEBT NOT EARNED.
82,846 of the prosecutor:
verificatoria Court rejects the claim of the National Treasury for "advance tax assets" since, although the Law 11,683: 21 authorizes such distribution to the payment of advances to maturity the general term or until the date of the affidavit of the taxpayer, whichever is later, such a premise yields, as in the case, given the situation of the debtor falencial thus make way for the recognition of "advances" would alter the "pars conditio creditorum "because it is not the recognition of a debt already accrued. in this regard is to weigh, that this would be the reporting of amounts from the affidavit for the period in question, with a view to the subsequent charges that may correspond to the lack of timely entry of so-called advances.
GULSS SRL S / BANKRUPTCY S / INC. PROMOTED CREEDITO VERIFICATION BY NATIONAL TREASURY
(DGI).
BUSINESS CHAMBER: D, Rotman - Cuartero, 16/2/2000.
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COMPETITIONS. CONTENTS OF THE PROPOSAL TO ARREST.
CATEGORIZATION OF CREDITORS. LC: 43. Absence of legal majority. BANKRUPTCY.
ORIGIN. DEBTOR. APPEAL. BACKGROUND OF THE APPEAL. Followed with huge
MISSING THE COMPLIANCE. Inappropriate.
dismiss the appeal should be deducted by the debtor against the decision to decree bankruptcy
(considering they had not been collected the majority
legal terms of the Law 24522: 43) when - as in the case
, "it appears that the complainant: a) to base his appeal did not deny the syndicated
absence of those majorities in the time allowed by the Act
matter, b) added the conformities missing
achieving majorities required by the insolvency regime. This is because, in such a situation, not only
attack is imperative to maintain the solution, since the procedural deadlines are absolute
(CP: 155, Law 24522, 43 and 278), but also because estimating
position. failed on the facts would
virtual extension of time provided for in LC: 43 - not covered by this provision, "
and more, would disregard A final decision of first instance, rejected a request for postponement
period of exclusivity made by the debtor prior
.
WAIS, ESTHER L. S / S BANKRUPTCY / INC. ART APPEAL. 250 CPCC.
BUSINESS CHAMBER: D, Rotman - Cuartero, 8/2/2000.
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COMPETITIONS. CHALLENGE OF THE AGREEMENT. GROUNDS OF CHALLENGE.
ISSUES FORMAL. REJECTION.
of the prosecutor
82942:
should reject the challenge made by a creditor in respect of the reorganization agreement
held a contest, as though - as argued
that-not complied with certain formalities under Law 24522: 45
- omitting accompany the text of the proposal with the
conformities late submission of any of them, lack of
certification signed by the respective scribe
school some parts subscribed in a foreign jurisdiction, as it occasioned no prejudice
, and otherwise it is a single agreement
proposal and all creditors and not questioned that this had been added and known
for all of them, the rejection of such nonconformities would imply a formal rigor
do not correspond to the implementation of LC: 45
should give rise to such a situation, when - as in the case-if
met the substantive requirements as to obtain majorities in
terms of that article.
ITAPESCA SA S / INSOLVENCY.
BUSINESS CHAMBER: E, RAMÍREZ - ARECHES-Guererro, 28/02/1999.
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COMPETITIONS. Divestment. GENERAL. FAMILY WELL. Reversal.
BANKRUPTCY. EFFECTS.
The reversal homestead as a property of the bankrupt should
benefit the whole mass, as based on the principles of
universality and equality of the bankruptcy creditors, not for
limit the effects of unenforceability only creditors of
cause or title prior to its establishment.
Jarak, Vidoje S / S BANKRUPTCY / INSOLVENCY REVOCATION ACTION (REGULAR)
BUSINESS CHAMBER: E, ARECHES RAMIREZ - GUERRERO, 28/02/2000.
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COMPETITIONS. GENERAL EFFECTS ON PRE-EXISTING LEGAL RELATIONSHIPS.
JURISDICTION OF ATTRACTION. FAILED co-defendants. SUMMARY JUDGEMENT. JUDICIAL RESOLUTION.
SUSPENSION OF PROCESSING OF THE TRIAL. Inappropriate. CONTINUED TO THE PROCESS
BANKRUPTCY COURT. ORIGIN. It is inappropriate
suspend proceedings on a summary trial
called several people, one of which was declared bankrupt, based on the LC
: 132. this because, although the LC: 133-para. 1 allows the plaintiff
desist "demand" against co-defendant failed, with the
effect of preventing the attraction of the flaw and without incurring liability for
court costs waived, however, that withdrawal is
a "possibility" that gives the tensioner, so also is allowed
not withdraw from the trial of the coerced
failed and, therefore, continue the trial in bankruptcy court -
new establishment that turns out to be effect on the general principle of attraction
jurisdiction under the LC: 132 -. the continuation of the trial before the Court
falencial is expressly provided only in respect of liabilities necessary joinder
-LC: 133-para. 2 -, but nothing on the subject says
LC: 133-para. 1, or any other provision of law. So, that statutory silence
ban is not to then that is an imperative
both logical, legal terms, because otherwise the pretensioner
-who "is allowed not to drop its action against the failed" - would be themselves deprived
justice, since it considers
remain paralyzed, not even against the defendants failed. Especially, the continuation of the processing
trial attracted universal process
not unusual situation in bankruptcy, so provides LC: 21-19, in reference to the reorganization
without differentiating between liabilities necessary or joinder
optional, so that should be continued
trial, the intervention should be given to the trustee in bankruptcy, and that the sentence
standing alone against the bankrupt will have any effect
verificatorios.
CHAVES, PAULINE FABIO C / PRIVATE CLINIC SAN JORGE SA S / SUM.
BUSINESS CHAMBER: DE, RODTMAN - Cuartero, 08/02/1900.
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COMPETITIONS. FINAL REPORT AND DISTRIBUTION. CANCELLATION OF DIVIDENDS BANKRUPTCY.
CREDITORS OF COMPETITION. LAW 24522: 224. DISAPPLICATION. Whenever
contest creditors are not made by Law
dividend and creditors of the bankrupt, they may conclude that no law applies
24522: 224, as their expectations for recovery can not be frustrated by
cancel a
rights not understand. FORECAST HOME
COOP SOCIETY. LIM, DE SEGUROS LTDA. S / CLEARANCE FORCED
.
CAMARO COMMERCIAL E, RAMIREZ - GUERRERO - Areche, 03/07/2000.
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COMPETITIONS. PRIVILEGES. CREDITORS OF THE COMPETITION. SYSTEM CONCEPT AND GENERAL.
SOCIAL INCLUSION OF SHARES OF A COUNTRY CLUB. Inappropriate. 37.3.1 Tax Opinion
82,812 From:
It inappropriate to include the - social-shares for a corporation
manager of a country club in the concept of competition
costs, since the obligation to pay arises
use the sports facilities, social, cultural and recreational
club. Especially if, - as in the case - the
accompanying documentation (regulations under the Contract, Law 19550, 5, and certification
debt of that complex)
follows that the expected contributions in that body of law have its raison d'
be in need of conservation, maintenance, security, repairs and operation of the property
social and sports facilities
to make them suitable for use by partners and joint owners;
whenever it is clear that the contest or the mass of creditors, whether by legal
entity, whether by the factual reality, is unable to
use such facilities so that in no way be deemed to have originated
debt or obligation that has to support these concepts
. To hold otherwise mind to affirm the existence of an obligation
without cause, in violation of the rule of VCCI: 499.
ARROYO, ISMAEL ABAD S / BANKRUPTCY S / INC. AUCTION.
BUSINESS CHAMBER: B, Butty - DIAZ CORDERO, 14/02/1900.
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COMPETITIONS. PRIVILEGES. SPECIAL chartered credit. Paragraph 1st.
maintenance costs. SECURITY AND CUSTODY. LAW
24522: 241-1ST.
Opinion 82874 Attorney:
not having been contested that the security and custodial work
were made by the incident and that during the stage of preventive
contest that preceded the collapse, the work made possible
conservation of movable and immovable property of the debtor, the loans will
concept for such a quality has privileged in terms of Law 24522:
241-1st, ie it is the privilege of conservative thing. APPLIANCES
SA S / BANKRUPTCY S / INC. REVIEW BY COUNTRY SECURITY SA.
BUSINESS CHAMBER: C, Di Tella - CAVIGLIONE FRAGA-MONTI, 18/02/2000.
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COMPETITIONS. PRIVILEGES. COMMON OR UNSECURED LOANS. ORIGIN. FAILED
SENTENCED IN CIVIL SITE. DEATH OF A PERSON. RESPONSANBILIDAD
ALLOCATION OBJECTIVE. CREDITORS OF COMPENSATION. OPPOSITION.
CLAIM. PRIVILEGE OF CP: 30. OPERATIONAL CAPABILITY OF THE STANDARD. Inappropriate.
If the now bankrupt was convicted in civil court on the basis of strict liability
that quota as
following the death of a person, it was inappropriate - as in the case -
creditors of the relevant compensation for damages contest the decision graduate credit
hinted in the liabilities of the debtor as an unsecured
finding that the absence of the original sentencing jurisdiction of the crime,
obstó the invocation of the privilege established in the CP: 30; and
postulate the operation of this rule even without a sentence pronounced by the courts in criminal
. It is thus in accordance with the aforementioned foundation of civil
condemnation can not be argued that in such a place has been judged positively
existence of a "crime" that becomes applicable to the case of that criminal
forecast. at most, to establish that the factor of accountability to the failed
was exclusively target the sentence given in the civil courts judged
nothing about the existence of fraud or constitutive. Crime
criminal or civil offense or civil tort. that is, that even when
accept that "that" crime and that "sentence" are also civil "crime" and
"statement" claiming the CP: 30 to recognize the privilege, not half the species
trial concerning the existence of the tort.
GLASS FACTORY AND COATINGS OPALINE Hurlingam S / BANKRUPTCY S /
REVIEW BY INCIDENT OF DUARTE LOPEZ, JUANA AND OTHERS.
BUSINESS CHAMBER: D, Rotman - Cuartero, 02/14/2000.
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COMPETITIONS. OFFICERS AND EMPLOYEES CONTEST. TRUSTEE. GENERAL SCHEME OF THE ROLE
. Counsel.
QUESTIONING OF THE LAW 24522: 257. Inappropriate.
necessary to reject the challenge made by the bankruptcy trustee and his counsel
regarding the implementation of the LC: 257, based on the view that violent
the syndicate the right to a fair remuneration
disregarding the demands of his role and unfairly favoring
reduced costs in favor of the bankrupt and creditors at the expense of professional
work when - as in the case - it appears that the argument put forward
not question the correlation between the standard and the case under examination
, but to criticize the statute in question. It therefore seems obvious that whoever
register to aspire to perform the task of the bankruptcy sinditatura
should know the risks inherent in their function,
including the possibility of emoluments receivable
not meet your expectations, the low magnitude of the asset. the position of having to
charge professional fees hires (LC: 257) is not irrational or can
unconstitutional.
ORGA, JUAN JOSE S / BANKRUPTCY.
BUSINESS CHAMBER: B, PIAGGI - Butty - DIAZ CORDERO, 03/09/2000.
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