Lucia Salinas
05/04/2021 18:37
Clarín.com
Politics
Updated 05/04/2021 19:06
While the Civil and Commercial Chamber ratified that in the case of Oil Combustibles -the oil company of Cristóbal López and Fabián De Sousa-
there were "ruinous or fraudulent acts"
by the firm that "systematically accepted payment plans to obtain irregular liquidity "with the" complicity of state officials ", the AFIP led by
Mercedes Marcó del Pont
gave the go-ahead for the liquidation of Oil to be avoided: it
agreed to the settlement regarding López and De Sousa's proposal to manage The
debt that the justice investigates and judges as a millionaire fraud.
Oil Combustibles achieved a favorable result with the resolution of the AFIP. The agreement that the collecting body gave this Monday could prevent the Civil and Commercial Judge
Valeria Pérez Casado from
distributing 100 million dollars among the creditors of the oil company. This step was the final liquidation instance to conclude a process that began in May 2018, when it decreed its bankruptcy.
After entering the tax moratorium promoted by President Alberto Fernández, which made it possible for bankrupt companies to obtain a payment facility plan, Cristóbal López began another process that obtained the approval of the AFIP. He sought an agreement, that is,
obtain the agreement of all creditors
to find another way to cancel the debt and thus avoid the liquidation of Oil López's lawyer,
Eduardo Favier Dubois
, presented reports in recent months showing the agreement of various Verified creditors in the bankruptcy process.
On March 8, Judge Pérez Casado asked for more information in this regard.
The truth is that, despite being bankrupt since 2018, inactive since then and with its main assets already sold,
Oil has already managed to get its main creditor - the treasury - to provide compliance to avoid the liquidation
of what remains of the company.
If this AFIP proposal succeeds, the owner of Indalo is closer to lifting the bankruptcy of the oil company.
In the twelve-page brief, the AFIP resolved to authorize the Representative of the Treasury to
"grant compliance" to this process, which is the settlement
, which will allow Oil Combustibles not to go bankrupt definitively.
The person in charge of legal affairs of the treasury,
Romina Zorrilla
signed the resolution stating that "the debtor must comply with the definitive adherence to the regime granted within thirty (30) calendar days of the notification of the conclusion of the bankruptcy by settlement."
This happens, because there were still some creditors who would give their consent to Cristóbal López's proposal
to another method of debt payment, other than to liquidate the company.
However, the biggest obstacle was overcome: the collecting body is Oil's main creditor and has
already given its go-ahead for businessman K to avoid bankruptcy.
.
The opposition in Congress had opposed the inclusion of Oil in the new moratorium, and presented a note detailing the company's debt, stating that the firm "has expressed its willingness to avail itself of a payment facility plan to cancel all of its tax debts verified in the bankruptcy (6,739,449,633 pesos), in bankruptcy (1,507,702,128 pesos) and pending resolution (3,548,496,183 pesos) ". In the federal jurisdiction, where the owners of the Indalo Group are tried for fraud
, the previous AFIP management had claimed a debt with the AFIP of 10,000 million pesos.
But the oil company added another problem: in 2018
the bankruptcy was issued with continuity, and this generated new debts
due to "the breach of tax obligations under its responsibility motivated by the continuity of exploitation," said the AFIP, which also requires the payment of another 20 million pesos.
For Cristóbal López, the debt does not exceed 560 million pesos.
But recently a ruling by Chamber D of the Civil and Commercial Court of Appeals reiterated its harsh terms. By rejecting a proposal from the businessman regarding when to start accounting for the default, the chambermaids indicated that Oil generated a "dramatic reality" that put the treasury in a situation of "difficulty in recovering its debts", as a "direct consequence of
an exorbitant fiscal debt whose existence cannot but be explained from the evident complicity of state officials ”
, in relation to the AFIP of the Kirchner administration, led by Ricardo Echegaray.
