The commercial chamber, Sala C, decided to revoke the first instance decision that had rejected a bankruptcy order submitted by a creditor against an investment company.
The Court recalled that the bankruptcy request does not constitute a mechanism for the individual collection of a credit, but an insolvency complaint that requires accrediting indications of cessation of payments (arts. 78 and 83 LCQ). In this case, the creditor already had a favorable sentence in an executive trial, but the execution measures were unsuccessful against the magnitude of the debt.
The elevation understood that this frustrated the individual route, which enables the creditor to promote collective bankruptcy action. In this way, he ruled out that the application was a simple attempt at individual collection and admitted the appeal, leaving open the possibility that the debtor exercises his right of defense at the stage provided by art. 84 LCQ.
The ruling reaffirms the doctrine that bankruptcy proceeds when breach is not limited to a particular conflict, but evidenced a general patrimonial situation that prevents the debtor from regularly fulfilling its obligations.
