The National Commercial Justice rejected this Monday the extraordinary appeal that the National Treasury Attorney (PTN) filed against the suspension of the bankruptcy process of Correo Argentino until the Supreme Court determines whether the Superior Court of Justice of the City of Buenos Aires has jurisdiction to intervene in this case.
Also by a majority of two votes, those of chambermaids Matilde Ballerini and María Uzal, against one of Guadalupe Vásquez, the extraordinary appeal filed by prosecutor Gabriela Boquin against the suspension of the process was dismissed.
The prosecutor complained because, in her opinion, her intervention in the processing of the request for suspension presented by Socma SA was omitted. and in addition, he pointed out, there were proposals by the insolvent party after that request that made it lose validity, judicial sources reported.
Ballerini and Uzal affirmed that “the controversy referring to the existence of a jurisdictional conflict between this High Court and the local High Court” to determine jurisdiction “was not ignored” by the prosecutor.
Boquín’s appeal “exhibits a lack of understanding of the facts and sequences described by the Court, without concretely refuting the legal and factual arguments made in the decision under attack”exposed the majority.
With relationship to the proposal of the Treasury Attorney, Ballerini and Uzal denied that the decision to suspend the processing of the process was “arbitrary”, or generates “institutional gravity”, budgets, together with the “federal issue”which enable the extraordinary resource, because, they said, “issues that exceed the individual interest framework of the parties and directly affect that of the community” are not noticed.
For the majority, it was not a “definitive sentence” either, another of the requirements to enable the intervention of the Court.
In dissent, Chamberlain Vásquez argued that the PTN’s appeal “is formally appropriate” and “comparable to a final judgment” after considering that “the suspension of the processing of this process and its incidents is likely to cause damage to the rights committed in the collective process of insolvency, which, due to its magnitude and factual circumstances, are delayed, insufficient or impossible to repair later”.
The bankruptcy of Correo Argentino, whose concession belonged to the Macri Group, was issued last year, after two decades of initiating the case.
In one of his opinions, Boquín, whom the bankrupt tried unsuccessfully to remove from the file, stated that Correo Argentino benefited from a state of “eternal” bankruptcy and managed to suspend payment to its creditors for more than 15 years.
