The Judicial Administration team performs the recovery process The Americans Verifying that the total debt of the group is R$47.9 billion. As part of the recovery order, submitted in january, The group had transferred a value of 41.2 billion Brazilian reais.
The difference, of R$6.6 billion, was measured by the team, which made a fine comb over a list of debts and creditors provided by the Americana group itself.
The information about the discrepancy was sent via petition, on Wednesday (1), to the Fourth Business Court of the City of Rio de Janeiro, which monitors the company’s judicial recovery.
In response to the question, Americanas Group said that the amount of R$ 6.6 billion belongs to the total value of the bonds that Americanas owes to JSM Global and B2W Digital Lux, which are part of the Americanas Group and are also under judicial recovery.
“The bonds within the group were issued solely to create a channel for transferring funds from Americanas S/A to foreign companies undergoing reorganization, with the intent of paying off the bonds (“mirror” bonds). When considering consolidated debt from companies under reorganization, this amount should be eliminated, Under penalty of duplication, there is only one debt, arising from the issuance of debentures, and one
channel Interragroup to divert resources to pay off that debt,” Americana said, “the group justified, according to the petition.
The Judicial Management Team asked Al-Adl to provide a complete list of cases related to the debts of the Americana Group, both in the civil and labor fields.
The Judicial Department, formed by the offices of Zveiter and Preserva Ação, also sent official letters to the CVM (Securities and Exchange Commission), the Federal Accountancy Board, and other entities to schedule presentation meetings on Americana’s status.
“It’s appalling how the gap is getting deeper every moment and the amounts involved are getting bigger. From R$20 billion, it went to R$43 billion when the redemption application was made, now the trustee is highlighting R$48 billion,” said Gabriel D. Brito Silva, legal director of Ibraci (Brazilian Institute of Citizenship), who sued to demand compensation for the investors in Americanas.
In the lawyer’s opinion, “the sums involved are unprecedented and it is unlikely that the successful outcome of judicial recovery will be applicable.”
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