A truly amazing story that begins with a simple financial transaction entered into by a small business owner that needed to expand their business. Antonio Grimaldi is the name of the owner of Comesa, a company that takes out a mortgage of € 413,000 with the Banca Nazionale del Lavoro in Salerno which demanded as a guarantee, as always happens, the factory and all assets valued at over one million euro. Grimaldi paid the first repayments regularly, approximately € 67,000, but then suffers a heart attack and has to face delicate and urgent surgery. Because of this he misses 2 repayments. Sure, his mistake, but from this mistake arises aberrant consequences.
As soon as he gets well, Grimaldi runs to the bank to cover his debit position which, however, was secured with an insurance which the bank demanded when the mortgage was approved. Grimaldi goes to the bank with cashier’s check for € 30,000 but the bank refuses to accept it. What had happened? Simple: the bank had sold the credit for the full amount without any deduction even for the instalments of € 67,000 already paid. The credit was sold to Cordusio Ltd. which in turn sold it to Calliope Srl, which in turn had given power of attorney to Pirelli Re Crediting. Of these “steps” Mr. Grimaldi was never informed, as Italian law dictates. He found out about all these developments of his loan only when he officially asked the BNL to pay of the loan in full in one single transaction. Meanwhile, the bank had proposed a bankruptcy petition in the court of Salerno despite having already sold the credit, but the request was rejected by the judge.
At this point Grimaldi tries to deal with them, his son, in turn, asks for a loan of 250,000 euro to get safely to a possible solution, Grimaldi went to the Pirelli Re Crediting, which of the mechanical industry knows little, in Naples, and proposes 367,000 euro to regain his company. The offer is good, Pirelli admit, but needs to be improved. Grimaldi ups his offer to € 380,000, but it is still not enough, Grimaldi ups again to € 400,000 but it is still not enough. Here comes the official request: they want € 490,000. Mr. Grimaldi can not do it and has to refuse refuse.
Meanwhile, the Calliope Ltd., the only creditor of Comesa, demands the repossession of a portion of the property, not everything just because a procedural error it is made on the petition to the court. Mr. Grimaldi opposes, and meanwhile the same Calliope via Pirelli Re Crediting also proposes the bankruptcy petition, already refused to turn to BNL by the same court that decided this time instead for bankruptcy although there is no new debt, the position is exactly the same as in the previous instance presented by BNL and then all the procedures of opposition Grimaldi are actually frozen. Mr. Antonio Grimaldi loses everything and also loses 250,000 Euros provided by his son Vincenzo as they go into the hands of the bankruptcy administrator.
In fact the entrepreneur who had found so much hostility in Calliope, incidentally the only creditor of Comesa, goes with € 250,000 € in checks made payable to the Calliope at the office of administrator of COMESA srl, naively these allowances were left to the latter which grossed them and ascribed them as assets in bankruptcy, while the intent of the Grimaldi was to donate for the Calliope Ltd. to which they had made out trying in vain to save his company.
Calliope by Pirelli Re crediting that it is the prosecutor creeps into passive Comesa Srl for € 608,000 and all is well accepted by the receivership without any problems.
To no avail even the opposition made by the Grimaldi family to declaring bankruptcy in fact the same were rejected by the court in Salerno.
Meanwhile, it was also promoted the sale of real estate of the plant to which auction had a single provider, the CDM General Construction Ltd. of St. Antonio Abbate (NA), which made use of false assumption, stated by the sales delegate, a certain Ugo Sorrentino, who said that the properties were empty and without any outstanding lease contracts, ignoring the lease to FICM and Comeg srl, with registered contracts, and despite the fact that the same bankruptcy administrator, Simona Romeo, had regularly collected rents without issuing any receipts to the tenants. You will not believe it but on June 15th 2012 Comeg srl (i.e. the tenant) despite the registered contract and the regular payment of rent, was evicted from the establishment by the bailiff of Mercato San Severino who had a court order execution issued by Dott.Brancaccio and with the help of as many as 15 police officers in riot gear affixed judicial seals on the factory, with the aggravating circumstance that inside it there was mechanical equipment essential for working and all property of the same Comeg Ltd. for the value of more than one and a half million euro, customer orders in progress, and 15 employees were thrown out on the street. All this happened despite the opposition being presented to GE Dr. Brancaccio at the Court of Salerno and it is he who will now have to answer for the failure to suspend the execution.
The Grimaldi family have filed criminal charges against BNL and Calliope srl for extortion, embezzlement, usury and other unlawful activities on which the Finance Police are investigating after assignment of the PM Dr. De Angelis and at the same time called for the suspension of, also in accordance with Law no. 3 of 23.1.2012, but until now the PM has not yet ruled.
At the same time Attorney Umberto Spadafora, representing the Grimaldi family has began a civil action against bankruptcy and for the return of 250 thousand euro unduly detained, and was expressed reservation on the work of professional delegate of the auction which with his false statement has favoured the buyer who bought the property for at least four times less than the estimated price. The conduct and behaviour of the JudgeAlessandro Brancaccio has been questioned and found at least arbitrary and abuse of power and law, as he did not check the veracity of the allegations of the sale delegate and did not suspend the auction even in the presence of a report (commissioned by the Judge himself) denoting building fault and affected by partial buildings Abuse.
Mr. Grimaldi was a highly respected entrepreneur, had a company that was doing well, so much so that he felt the need to expand the company, but once again, thanks to banks, sneaky specially thought of loopholes and illegal derivatives and expenses on current accounts, companies are suppressed, their property auctioned off for a handful of crumbs, with the absolute “joy” of various curators and professionals, who in a civilized country would act very differently.
Articolo tradotto dal testo originale http://www.liberoreporter.it/?p=39603