MP asks for annulment of Chapecoense’s judicial recovery – 04/28/2023 – Sport

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

Dated April 26, the request, signed by the promoter Marta Fernanda Tumelero, points to evidence of “undue solicitation” of creditors such as employees, players and former athletes with credits of less than R$ 10,000. The Public Ministry alleges 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.

Felipe Lollato, a lawyer for the office responsible for judicial recovery, does not agree with the Public Ministry’s view and says that Chapecoense’s view will prevail.

Despite opposition from most of the families of the victims of the 2016 tragedy – when the plane that was taking the team to Colombia crashed, killing 71 people – and from creditors with more money to receive, the judicial recovery plan was approved in early March. this year.

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 the recovery plan, Chapecoense asked for a discount of up to 85% to pay the debts it owes to the families of the 71 victims of the tragedy. He proposed that deposits be made over 13 years. The team failed to pay compensation. In response, the family members asked that images of the athletes be removed from the institution’s website and properties.

The plan is opposed by family representatives and widows – some claim they are experiencing financial difficulties. Chapecoense has always stated that the alternative to judicial recovery was for the football team, the association’s biggest source of revenue, to close down activities.

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 98.57% of what the club has to pay.

“Thus, it is evident that creditors with claims included in the subclass of labor claims 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.

A Sheet, Chapecoense said it would not comment on the process. Felipe Lollato said he considers the manifestation of the Public Prosecutor’s Office to be normal, but said he believed that the theory that creditors with less than R$ 10,000 cannot vote “does not exist”.

“I think the club’s thesis is the winner and the most marked. Creditors up to R$ 10,000 lose the right to vote does not exist. They were R$ 10,000 I don’t know how long ago. This value has been corrected. What the law says is that this proceeds if there is no change in the condition of the contract. It is not the case of future maturities, as happens in this case”, he says.

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.