Tribunale e procura sul concordato Atac: trascurati i creditori (meno le banche…) e troppi soldi ai commissari

By | aprile 15, 2018

Tribunale e procura sul concordato Atac: trascurati i creditori (meno le banche…) e troppi soldi ai commissari

Raramente, nella mia attività professionale, ho visto una stroncatura (seppur preliminare) di un piano di concordato come quella contenuta nel decreto del Tribunale Fallimentare di Roma con il quale l’amministratore delegato di Atac è stato convocato per dare chiarimenti sul piano di concordato.

Atac ha seraficamente commentato che “la richiesta di chiarimenti rientra nella normalità delle procedure concorsuali“. Vero. Ma le durissime critiche del Tribunale sulla proposta non sono affatto normali. E certificano una cosa: che né la società (e quindi il Comune), né i commissari, né l’attestatore si sono preoccupati di valutare se il concordato sia la soluzione migliore nell’interesse dei creditori. Quando il loro dovere è proprio questo.

Cosa dice, infatti, il piano Atac? Entro il 2019 sarà pagato il 100% dei debiti verso i creditori privilegiati (150 milioni). A tutti gli altri (valgono circa 600 milioni), andranno:

  • il 31%, in due rate, nel 2020 e nel 2021;
  • il rimanente 69% sarà scambiato con dei titoli, divisi in due classi, che daranno diritto a ricevere ipotetiche quote di utili della società negli anni successivi (corrispondenti al 30% del credito per la prima tranche, e al 39% per la seconda). Peccato che la società di utili non ne abbia mai fatti negli ultimi anni. Oltre tutto, la proposta Atac prevede che, insieme alla seconda tranche di titoli, sia rimborsato anche il Comune, il che è vietato: il Comune va pagato dopo.

Secondo la società e il perito che ha attestato il piano, il concordato è meglio della liquidazione della società, perché i creditori non privilegiati riceveranno il 100%, mentre in caso di liquidazione si potrebbe arrivare al massimo al 56,5%, pari a circa 350 milioni. La verità è che con il concordato i creditori avranno forse il 31%. Per il rimanente 69% ci vorrà un miracolo, visto che lo stesso Tribunale smonta le previsioni del piano, utilizzando più volte termini come “poco chiaro”, “indeterminato”, “non ragionevole”, “non supportato da alcun elemento concreto”, e via così.

Non solo: secondo il Tribunale, il piano contiene una serie impressionante di forzature per aumentare i valori dei beni di Atac nel caso in cui si faccia il concordato, e ridurli invece in caso di liquidazione. Qualche esempio? I terreni e fabbricati sono valutati, nel caso di continuazione del servizio, 96 milioni, zero in caso di liquidazione. Impianti, tranvia e filovia sono valutati 364 milioni in continuità e solo 12,3 milioni nel caso di liquidazione. Persino gli autobus sono valutati 651 milioni in continuità e solo 164 milioni in caso di liquidazione. Un’assurdità, perché, come afferma il Tribunale, è ovvio che il servizio svolto da Atac, alla scadenza della proroga, dovrà essere proseguito da un altro soggetto che avrà bisogno di quei beni.  Lo scenario alternativo al concordato non è una specie di vendita ai saldi dei singoli beni di Atac, ma la prosecuzione del servizio nell’ambito di una liquidazione.

Pertanto, conclude il Tribunale, l’attestazione del perito “non appare attendibile… relativamente all’assunto della miglior convenienza per i creditori della continuazione dell’attività“.

Due ciliegine finali:

  • nel fare i conti, società e perito hanno “dimenticato” che nel caso di liquidazione potrebbero essere recuperati da Atac con azioni revocatorie 55 milioni di euro pagati alle banche nel 2017, che finirebbero ripartiti tra tutti i creditori; ma i grillini non erano severissimi con le “banche cattive”?
  • secondo notizie di stampa la Procura di Roma avrebbe definito del tutto sproporzionate le spese della procedura e  in particolare i 10 milioni destinati ai tre commissari.

Sono molto curioso di vedere cosa racconterà il 30 maggio ai giudici l’AD di Atac. Ma confido nel Tribunale e nella procura, che hanno dimostrato una grande attenzione agli interessi dei creditori.

L’articolo Tribunale e procura sul concordato Atac: trascurati i creditori (meno le banche…) e troppi soldi ai commissari sembra essere il primo su Andrea Mazziotti.

Source: Andrea Mazziotti di Celso

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