This Court of Appeals Law Department The appeal against the Alicante Provincial Court’s decision by the Valencia Institute of Finance (IVF), represented by Generalitat’s lawyer, dismissed the breach of procedure and later upheld the case. commercial court decision Elche CF has approved the proposed creditor settlement in its voluntary bankruptcy filing, the TSJ Communications Office reported today. Last week it became known that the Attorney General of the European Union considers that Elche does not have to pay 3.7 million for the help she receives from IVF, in full for the guarantees she receives from IVF, in another open judicial procedure. Credit application.
At that time, IVF made a request. bankruptcy event Despite the judicial approval of the settlement proposal, which was accepted at the Creditors’ Meeting at the Elche-based Alicante Commercial Court No. 3, against the bankrupt institution Elche CFSAD and the bankruptcy administration.
The Commercial Court issued a decision dismissing the case on April 18, 2017. incidental claims Opposition to judicial approval of the agreement formulated by the General Treasury of Social Security (TGSS), State Tax Administration Agency (AEAT) and the Valencian Institute of Finance (IVF), as well as partial involvement of the bankruptcy administration.
As a result, the Court upheld the settlement offer submitted in the case file at the time. volunteer competition presented to the creditors meeting on behalf of the bankrupt Elche CFSAD. He also found that the Bankruptcy Administration had dismissed him without prejudice to those established for the qualifications division.
The first-instance court decision was appealed by the relevant representatives of the State Tax Administration Agency, the Valencia Institute of Finance and the Social Security General Treasury, and appealed by the bankruptcy administration of the organization Elche CFSAD La Court of AlicanteIn a decision of 14 January 2019, it dismissed these objections.
IVF filed an appeal to the Supreme Court, which was denied and appealed for breach of procedure. The supreme court examines the validity of an alternative proposal consisting of converting loans into shares in bankruptcy and draws attention to the extent that approval of the capital increase affects compliance with conversion of loans in shares or subsidiaries. without being characterized as a condition for effects of the ban provided in art. of 101.1 concursal lawConditions that may affect this effective compliance do not qualify a condition as such.
adds to the fact that relevant number According to the pledge agreement, the presence of the pledgee’s authority to exercise such political rights in accordance with the pledge agreement is a situation that may affect compliance, but does not make the offer of the agreement a condition as claimed. by the appellant.