Creditor accuses Americans of bad faith and intentional

BTG Pactual, which owes about R$2 billion to Americanas, has filed a lawsuit to try to reverse a court decision the retailer obtained last week that, in practice, prevents creditors from blocking and forfeiting assets from the company or its shareholders. .

In a petition filed with the Rio de Janeiro Court of Justice, BTG lawyers speak in bad faith of Jorge Paulo Lehmann, Marcel Telles and Carlos Alberto Secubira, the retailer’s largest shareholders, proposing a deficit of R$20 billion, Announced by Americana on the last day 11It was a premeditated action.

“The three richest men in Brazil (with assets valued at R$180 billion), labeled as a kind of demigod of ‘good’ global capitalism, have their hands locked in the cash register of what has been, since 1982, one of the main businesses of the trio,” he wrote. lawyers.

Through the precautionary measure Americana obtained on Friday the 13th from Rio de Janeiro Fourth Business Court Judge Paolo Acid, creditors are prevented from imposing fees on the company by blocking, seizing or seizing assets, as well as deferring the payment of the debt obligation until it is Submitting a possible request for judicial recovery.

The judge gave the company 30 days to seek injunctive relief, if necessary. Regarding this action, BTG’s lawyers stated: “Two days later [de anunciado o rombo]You have the audacity to come to court to demand a precautionary measure, as a precursor to judicial recovery, to prevent creditors from legitimately protecting their assets in light of the largest institutional fraud in the country’s history.”

With regard to the alleged intent, the bank’s lawyers stated that “intentionality became even clearer after the news that, months after the planned disclosure of the financial breach, this senior leadership of the controllers had sold more than R$210 million of the company’s shares. “Hours before, they said. Revealing the infamous material fact, the company also attempted to withdraw from the bank approximately R$800 million in investments held in BTG.”

If you can reverse the decision in TJ-RJ, then BTG – and other creditor banks due to introduce similar measures this week – will be able to collect the retailer’s overdue debts.

The TJ-RJ duty judge, Luiz Roldão De Freitas, said that it was not the case for the out-of-hours decision and decided to distribute the appeal to the scheduled on Monday, the 16th.

Americans comment on the court order

Through a press release, Americana expressed its view that the injunction obtained should be preserved, saying that it “emphasizes the importance of maintaining the injunction, despite attempts to suspend it, which could lead to inconsistency among its creditors, including banks.” Don’t help this process.”

The retailer also said that “because of its social weight throughout Brazil, providing more than 100,000 direct and indirect jobs, it is working to find a solution with its creditors,” preserving the company and jobs. The memo concludes by saying that “Americana will soon appoint its own negotiation team with creditors.”