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BTG Pactual Appeals to STJ to Question Americana – 01/25/2023 – Marketplace

BTG Pactual Appeals to STJ to Question Americana – 01/25/2023 – Marketplace

the BTG charter File an appeal in STJ (High Court of Justice) This Tuesday (24) alleges a conflict of jurisdiction in the court-overseen reorganization case The Americans.

The legal battle between BTG and Americanas began on January 13, when the retailer obtained a court order which prevented creditors from collecting the debt for 30 days. Shortly thereafter, the bank applied for Mass of 1.2 billion Brazilian reals In deposits made by Americana.

BTG obtained an injunction to block the resource on the 18th, precipitating Americanas’ request for injunctive recovery, which was made on the 19th.

From the outset, the bank questioned the jurisdiction of the Fourth Business Court of Rio de Janeiro to conduct the operation, and tried to bring the entire legal discussion to São Paulo. The origin of this appeal in STJ is the first trial of a São Paulo judge.

According to experts, this interrogation is based on the closeness between the lawyers of each of the two parties and the judges everywhere.

Speaking privately, a lawyer specializing in judicial recovery says the offices representing Americana are in Rio de Janeiro, in addition to the company’s headquarters. This is used as an argument to sue the state court of justice, and the rapprochement between lawyers and judges allowed the application for judicial recovery to be accepted on the same day it was submitted, he said.

At the Special Court of STJ, the BTG Appeals Rapporteur has been appointed Minister Raúl Araujo, from Section II, who began analyzing the case on Wednesday (25).

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When contacted, BTG Pactual did not comment on the appeal until the report was published.