Outra reviravolta na recuperação judicial do produtor José Pupin

Por Valor Econômico

SÃO PAULO – Após a reviravolta negativa do fim do ano passado no processo de recuperação judicial como “empresário rural” de José Pupin, um dos maiores produtores de algodão do país, e de sua esposa Vera Lúcia Camargo Pupin, ele obteve na quarta-feira uma decisão favorável na Justiça. O Tribunal de Justiça de Mato Grosso, na comarca de Cuiabá, havia confirmado, em setembro de 2018, liminar que determinava que não poderiam constar no plano de recuperação as dívidas contraídas antes de José Pupin ter sido registrado como “empresário rural”.

Cerca de 70% das dívidas seriam excluídas do plano, caso fossem contestadas. Na quarta-feira, porém, o Superior Tribunal de Justiça suspendeu a decisão do Tribunal de Justiça de Mato Grosso — o que também é passível de recurso no próprio STJ. Se a decisão não for revertida, toda a dívida volta a fazer parte do plano de recuperação judicial, como havia sido aprovado em junho de 2018 no Tribunal de Justiça de Mato Grosso, comarca de Campo Verde.

As dívidas totais das empresas do grupo, incluindo as que estão em nome dos empresários José e Vera Pupin, somam cerca de R$ 1,3 bilhão. Sem o endividamento do casal, o valor cai para R$ 92,7 milhões. A dívida em nome dos Pupin está dividida em reais e dólar — R$ 825,1 milhões e US$ 128,4 milhões.

Os ativos do grupo e dos sócios são avaliados em aproximadamente R$ 1,4 bilhão. O plano aprovado em junho contemplava o montante que correspondia à dívida em nome dos empresários. Mas na ocasião, informou Fernando Bilotti Ferreira, advogado do escritório Santos Neto, que representa a Metlife, um dos credores de José Pupin, já havia uma decisão de mérito no agravo de instrumento. Ferreira falou ao Valor em setembro de 2018.

A Metlife detém cerca de US$ 54 milhões das dívidas com garantida em nome de J. Pupin. A justificativa que levou o Tribunal de Justiça de Mato Grosso, na comarca de Cuiabá, a confirmar a liminar é que não poderiam constar no plano as dívidas contraídas antes de José Pupin ter sido registrado como “empresário rural”.

Como na ocasião da aprovação do plano já estava valendo uma decisão liminar, aprovada no fim de 2017, os bancos continuaram a executar as dívidas. “Começamos a executar em 2015, mas falta vender imóveis. O Pupin alega que os imóveis são bens essenciais”, disse o advogado da Metlife.

“Todos os credores executaram as dívidas, mas não houve nenhum leilão de imóveis. Com essa decisão do STJ, os leilões ficam suspensos”, afirmou Camila Somadossi, advogada do escritório Finocchio & Ustra, que cuida da recuperação judicial dos Pupin.

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