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Application of Chad

Brazilian Bankruptcy's Judicial Administrator May Subpoena Evidence From Banks in New York

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MEMORANDUM & ORDER Fernando Celso De Aquino Chad (the “Applicant”) submits this application for judicial assistance pursuant to 28 U.S.C. §1782, in which he seeks discovery from various financial institutions for use in the Brazilian bankruptcy proceeding (the “Bankruptcy Proceeding”) of Proema Automotiva S.A., Bowden Industrial LTDA., and Interamna Participações S.A. (the “Proema Group”). See Case No. 1027309-48.2014.8.26.0564, 9th Civil Court of São Bernardo do Campo, São Paulo, Brazil. For the reasons that follow, the application is granted in part and denied in part.BACKGROUNDThe Applicant is the Judicial Administrator of the Bankruptcy Proceeding. (Declaration of Fernando Celso De Aquino Chad in Support of Application for Judicial Assistance Pursuant to 28 U.S.C. §1782, ECF No. 1-3 (“Chad Decl.”), 2.) The Proema Group, a part of the automotive manufacturing industry in Brazil, purportedly maintained a web of at least 12 related companies managed by Paolo Paparoni and his son Ricardo and daughter Cristiana. (Chad Decl. 6.) Many of the related companies lack assets and allegedly exist solely to dodge “the strict control by automakers…over Proema Group’s activities.” (Chad Decl.

6-7.)In December 2014, the Proema Group filed for reorganization and, to date, owes a total debt of over $86 million. (Chad Decl.

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