Justice authorizes recovery of Chapecoense – 04/29/2023 – Sport

An order issued by Judge Ederson Tortelli, of the Regional Judicial Reorganization, Bankruptcy and Bankruptcy Court of the Comarca de Concórdia, in Santa Catrarina, approved on Friday night (28), Chapecoense’s judicial recovery plan.

The 33-page decision was written less than 24 hours after the Public Ministry of Santa Catarina questioned, on grounds of fraud, the assembly that approved the plan presented by the club.

Despite the protests of labor creditors with more than R$ 10,000 to be received, the association can continue the process presented. In it, Chapecoense asked for a discount of up to 85% to pay the debts it owes to the families of the 71 victims of the 2016 air disaster tragedy. It proposed that deposits be made over 13 years.

Lawyers representing the victims promise to file embargoes to annul the decision at the beginning of next week. But for those responsible for the recovery, the decision establishes justice.

“We trusted our thesis and we were sure that our recovery plan was republican, that it respected the creditors and the limits of the company under reorganization; We never stopped trusting the judiciary. It is a very correct decision and what will guarantee the follow-up of the club’s activity and the payment of debts”, says Felipe Lollato, a lawyer who represents the office responsible for the judicial recovery.

The club’s debts are around R$ 110 million.
On June 14, 2020, Chapecoense signed a document committing to settle 26 lawsuits against the club filed by the heirs of the victims. The association pledged its fan membership fee as a guarantee of payment. The agreement was signed at the secretariat of execution of the Regional Labor Court of Santa Catarina.

For the first 12 months, R$ 250,000 per month would be allocated to families. From the 13th to the 24th month, the amount would be R$ 350 thousand. After that, it would return to R$ 250 thousand. The money would be transferred by Chapecoense itself.

Over time, seven cases had their compensation settled and were closed. There are 17 left. In December 2021, one family did not receive the installment. As of January 2022, no one has been paid.

In an order issued last Wednesday (26) but only published on Thursday night (27), prosecutor Marta Fernanda Tumelero, pointed to evidence of “undue enticement” of creditors such as employees, players and former athletes with lower credits to BRL 10 thousand. The Public Ministry points out that these people could not participate in the voting. One of them was included in the list of creditors with a value of R$ 0.00. Even so, he had the right to vote.

On suspicion of “illegalities” and “manipulation of the quorum”, the Public Ministry of Santa Catarina asked for the annulment of the meeting of creditors that approved the judicial recovery plan.

“We received the homologation with surprise. In our understanding, the approval of the assembly was riddled with irregularities. The creditors’ theses were corroborated by the Public Ministry. of relatives of victims of the air accident.

The club’s debts are around R$ 110 million.

According to the MP’s report, 206 labor creditors voted in favor of the judicial recovery plan and 68 were against. The 206 in favor represent 1.43% of Chapecoense’s debt. The 68 who opposed are the recipients of 98.57% of what the club has to pay.

“Thus, it is clear that creditors with claims included in the subclass of labor claims of up to BRL 10,000 could not have voted in the AGC [Assembleia Geral de Credores]nor be computed for quorum verification purposes, given the legal impediment provided for in the aforementioned device”, says the prosecutor.

The Public Ministry also considered “curious” the fact that many creditors were represented by the same lawyers, “some lawyers with an apparent conflict of interests”, since they also represent Chapecoense in other cases. It also questions that several creditors were unable to prove the debt receivable and several of them were included in the list the day before the general meeting.