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:
Court rejects the claim of the National Treasury
verificatoria for "advance tax assets" since, if either the law
11,683: 21 authorizes such distribution to the payment of
advances to the general deadline or until the date of the affidavit
taxpayer, whichever is later, such as
-premise yields in the case, given the situation of the debtor falencial because
make way for the recognition of "advances" would alter the "conditio creditorum
pars," since it is not the recognition of a debt and accrued
. in this regard is to weigh, that this would be the one covering the
amounts from the affidavit for the period in question
, with a view to the subsequent charges that may correspond
by the lack of timely entry of so-called advances.
GULSS SRL S / BANKRUPTCY S / INC. CHECK CREEDITO PROMOTED 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
- appears that the complainant: a) to base its appeal did not deny the syndicated
absence of those majorities in the time allowed by the Act
matter, b) added the missing conformance to achieve
majorities required by the bankruptcy 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, it 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
said that "not complied with certain formalities under Law 24522: 45
- omitted accompany the text of the proposal with the
conformities late submission of any of them, lack of
certified notary signing by the respective school of some parts
subscribed in a foreign jurisdiction, as it occasioned no prejudice
any, and otherwise it is a single agreement
proposal and to all creditors and not be questioned that this had been added and
known by all, the rejection of such nonconformities would involve a formal rigor
do not correspond to the application of LC: 45
should give rise to such a situation, when - as in the case, if requirements are met
background in terms of obtaining the majority in the
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 PROCESS
BANKRUPTCY COURT. ORIGIN. It is inappropriate
suspend proceedings on a summary trial urged
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 the court of bankruptcy -
new filing that it be the effect of general principle the courts of appeal
provided in 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 of 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
and without distinction between passive
joinder necessary or 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 /
FORCED LIQUIDATION.
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 legislative body
have a reason to be in need of conservation, maintenance, security, renovation and operation of the property
social and sports facilities to make
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 which in no way can be estimated that originated
debt or obligation that has to bear these
concepts. To hold otherwise mind 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. The tax opinion
82874:
not having been contested that the security and custodial work
were made by the incident and that during the stage of the contest that preceded preventive
to bankruptcy, this work made possible the preservation
of movable and immovable property of the debtor, the loans will by such
quality concept has privileged in terms of Law 24522:
241-1st, ie it 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. ALLOCATION OF
RESPONSANBILIDAD 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 sentence jurisdiction of the crime,
obstó invocation of the privilege established in the CP: 30;, and apply 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
kind whatsoever on 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 OF THE CONTEST. TRUSTEE. GENERAL SCHEME OF THE ROLE
. Counsel.
QUESTIONING OF THE LAW 24522: 257. Inappropriate.
necessary to reject the question formulated 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 their role and unfairly favoring decreased
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 legal provision reference. It therefore seems obvious that whoever
register to aspire to perform the task of the bankruptcy sinditatura
should know the risks their role,
including the possibility that the emoluments to be received no
meet your expectations, the small size 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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