How does the seller deal with chapter?
The Itapemirim Group was sentenced by the Court of Justice of São Paulo on Wednesday (21). The group supplied highway and air visitors, however operations have been suspended in December 2021.
How are those that purchased tickets doing? According to Luis Carmona, a chapter and restoration lawyer, at the finish of the checklist of collectors to obtain, follows a sequence of priorities. Customers come later.
1) Paying for work loans
2) Claims secured by rights in rem, akin to property
3) Tax revenues akin to taxes
4) Too many credit. This is the place the cash to pay the clients is available in.
How to enter the chapter course of? A shopper who needs to attempt to get a refund should file a case in small claims courtroom for a choose to subject a credit score. Of course, in apply, the Court should know that the particular person has been harmed and deserves to be compensated.
Marcos Poliszezuk, a lawyer at Poliszezuk Advogados, says this a part of the course of is quick. Since the utility should be filed in small claims courtroom (which accepts instances as much as 40 small claims), the shopper does not want a lawyer.
Just carry to the choose proof of the buy of the air or highway ticket.
After that, the shopper ought to contact the chapter administrator to tell them that he must be added to the checklist of collectors or to hunt the assist of an legal professional to handle his case.
Where does the cash come from to pay the debtors? As a results of the chapter resolution, the Judge collected all of Itapemirim’s property, evaluated them, and offered them. The proceeds from the sale of the property are used to repay collectors.
What is the deadline for receiving a refund? None. According to Carmona, that is how the chapter course of goes. For Poliszezuk, such measures is not going to be determined in 5 to 10 years.
Is it value it to enter the chapter course of? Poliszezuk says it’s extremely tough for shoppers to recuperate cash in the sort of chapter — due to the precedence checklist.
There could also be no compensation for the purchaser who has misplaced the decrease values.
Attorney Frederico focuses on shopper regulation Glitz the shopper says he must assess the value of the lawsuit and the quantity he is owed — understanding there is probably not any chapter left to gather. According to him, those that have misplaced visitors tickets, for instance, ought to pay extra for the work than the cost of cash.
According to Glitz, the Consumer Protection Code nonetheless leaves room for a shopper to use for “disqualification”. In apply, he normally asks the Court to think about the property of the firm’s shareholders. But it depends upon the case and the technique of the lawyer dealing with the shopper’s case.