Itapemirim Group has declared bankruptcy and Sidnei Piva can be arrested

The Itapemirim Group, of road transport, had its bankruptcy decreed this Wednesday (21) by the Court of Justice of the State of São Paulo.

Decision signed by Judge João de Oliveira Rodrigues Filho, of the 1st Court of Bankruptcy and Judicial Reorganizations, to which the Sheet had access, determined the change of the judicial recovery process, to which the group had been submitted since 2016, to bankruptcy. Its tax debts total around R$2.8 billion.

“The trustee must proceed with the sale of all the assets of the bankrupt estate within a maximum period of 180 days (…) under penalty of dismissal, except for justified impossibility, recognized by a court decision”, says the sentence.

In July, EXM Partners, administrator of the judicial reorganization process of Grupo Itapemirim, had already asked the Court for the bankruptcy of Viação Itapemirim and other companies. EXM had argued that Itapemirim’s judicial reorganization process was not being carried out, and creditors continued to receive no payment.

The judge considers the former owner, Sidnei Piva de Jesus, “shareholder and president of the Group at the time of the acts that led the companies to bankruptcy”, his partner, Camila de Souza Valdívia, the financial director and operational group, Adilson Furlan, and the legal director and vice-president of Itapemirim, Karina Mendonça.

The Justice decreed the unavailability of the assets of the company Piva Consulting Ltda., as well as the seizure of existing values ​​in bank accounts, in view of the indications that there is patrimonial confusion between this company and the Itapemirim Group.

“The partners and administrators are also warned that, in order to safeguard the interests of the parties involved, and there is evidence of a crime provided for in Law No. 11.101/2005 [lei de falência]may have preventive detention ordered”, says the text.

Sidnei Piva has a trajectory marked by accusations of unfulfilled contracts and lawsuits.

In February, Piva was forced to wear an electronic anklet and had his passport seized. Last month, however, he was released from continuing to be monitored by the Justice, according to a decision by the 11th Criminal Law Chamber of the São Paulo Court of Justice. The determinations of apprehension of the passport and removal of the management of Itapemirim, however, remain.

The report contacted Itapemirim and Sidnei Piva, but did not receive a response until the publication of this text.

Cola family disputes lease to Suzantur

In the decision published this Wednesday, the 1st Court of Bankruptcy and Reorganization highlights the proposal of Transportadora Turística Suzano Ltda., for the lease, for 12 months, renewable for the same period, of all lines, counters, brands and part of the properties. operations of Itapemirim.

“It understands that a partial or total lease operation of the assets and lines of the Itapemirim Group proves to be advantageous to the Bankrupt Bank and creditors”, says the text. According to Judge João de Oliveira Rodrigues Filho, the lease would partially maintain the company’s activities in terms of interstate and intercity bus service; would preserve the leased assets, which would be under the responsibility of Suzano; and would allow time for the valuation of all assets for sale.

“The Court, when declaring the bankruptcy of the Group, determines the closure of its activities, sealing of establishments and collection of assets, but, at the same opportunity, authorizes the Bankrupt Bank to enter into an emergency lease agreement for its assets under the terms of the proposal presented, for a minimum period of 12 months, in an injunction, aiming to preserve the activities of the lines”, says the text.

Founded in July 1953 by an ex-WWII fighter, Camilo Cola, a former federal deputy, who died in May 2021, Itapemirim was sold to Piva in 2017, which would have guaranteed to have R$5 billion in tax credits for resolve the company’s pending issues, which never happened.

“It was an embezzler who found the perfect victim”, says lawyer Olavo Chinaglia, who defends the Cola family in court cases involving the sale of Itapemirim. According to him, there were a series of irregularities in the operation, including funds for payment of creditors being diverted to the creation of ITA, which began operating in the middle of last year, but ended its activities in December, leaving thousands of consumers without flying and no refund.

Chinaglia is against the decision of the Justice, to transform the judicial recovery in bankruptcy. “The decision is absurd,” the lawyer told Sheet. “The judge transfers assets to a company known as Suzantur in complete disregard of the creditors and the current administration, approved by the creditors,” he said.

According to Chinaglia, the legal team defending the Cola family is still studying the measures that will be taken in this regard.

The report contacted Suzantur, but did not receive a response until the closing of this text.