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Avianca Brasil was able on Monday (14) to extend by 15 days the suspension of the reinstatement of the possession of part of its fleet. Judge Tiago Henriques Papaterra Limongi, of São Paulo's first bankruptcy and court-supervised bankruptcy court, banned leasing companies from taking back aircraft loaned to the carrier until 1 February. However, Avianca will have to submit a debt repayment plan.
How are the customers? If the company does not fly, is it possible to change the ticket on time in another company? Do you recover money? Is it better to wait or give up the ticket? What are the risks?
Yes, there is this risk. If Avianca fails to submit a proposal for the payment of outstanding debts or a plan to return the aircraft to leasing companies by 1 February, the reinstatement of the aircraft will be automatic.
On the other hand, if Avianca complied with these obligations, but the lessors of aircraft do not agree with the proposals submitted by the airline, there will be another hearing to decide if the aircraft will be returned or not
Is there a risk of failure of the company?
With the application for judicial recovery accepted by the courts Avianca must submit a buyout plan, which must be voted by the creditors within 180 days, according to Fabiana Solano, a partner of the the restructuring of Felsberg Advogados.
If the plan is rejected, the company is declared bankrupt.
Fabiana Solano, of Felsberg Advogados [194590010] This is a moment of uncertainty as to the financial and operational capacity of the company. 19659004] With the publication of the provisional measure freeing foreign companies holding up to 100% of the capital of Brazilian airlines the way was open for outside groups to be able to
In this case, according to Fabiana, the buying company would only take the "good part" of Avianca, which excludes debts.
Is it better to wait or give up the ticket?
Who paid or was paid? pay by installments to travel by Avianca in 2019 has the opportunity to cancel the crossing. However, the consumer may pay a fine for withdrawal depending on the type of ticket purchased, according to Sérgio Tannuri, a lawyer specializing in consumer law.
In the case of basic or promotional tickets, cheaper, no refund.
Tannuri stated that Avianca was able to serve its customers and that, therefore, the consumer should not despair.
In the event that Avianca goes bankrupt, who paid or paid to travel went into the waiting line
If Avianca went bankrupt, who paid or paid to travel entered the creditors' line of waiting according to Marcus Matteucci, partner in the litigation area of Felsberg Advogados. "The fact that they are consumers does not confer on them a privilege [para receber o dinheiro de volta]."
There is also no way to get a free transfer to another company in bankruptcy. The pbadenger should buy another ticket.
The lawyer stated that consumers would be the last to be paid in bankruptcy, after government employees and other secured creditors, as in the case of mortgaged real estate.
In practice, it is very difficult for the consumer to be compensated. Everyone is paid in bankruptcy
Marcus Matteucci of Felsberg Lawyers
I have to go to court if the company fails?
In case of bankruptcy of Avianca, must file a list of all its creditors in court and how much is owed to each, according to Matteucci. However, not all names are included in the list.
In this case, according to the lawyer, the consumer can ask the court to put his name on the list of creditors. However, there is no guarantee that he will receive the money refunded.
For Tannuri's lawyer, it is important that the consumer keeps all the documents, emails and proof of purchase of the ticket.
Avianca says flights and reservations are guaranteed
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