LATAM Airlines Group S.A. Creditors' Committee

Case No. 20-11254


Important Information & Dates

Thank you for visiting the website of the Official Committee of Unsecured Creditors (the “Committee”) of LATAM Airlines Group S.A.

The Committee is currently comprised of the following entities:  Bank of New York Mellon, Indenture Trustee for the 7.00% Senior Notes Due 2026, Sindicato De Empresa de Pilotos De Latam Airlines Group S.A., Lufthansa Technik Aktiengesellschaft, and Repsol, S.A.

This site was created to assist creditors in understanding the bankruptcy process and their rights under the United States Bankruptcy Code.  Please note that this website was established and is maintained by the Committee and Prime Clerk LLC (now known as Kroll Restructuring Administration).  This site is maintained for informational purposes only and does not contain official court records.  If you have questions for the Committee, please contact the Committee's counsel at latamcommittee@dechert.com.

To review key documents in this case, please click on the "Key Documents" link on the left.  The Debtors' docket and claims register can be viewed by clicking on the links on the left or below.  All relief sought and granted on the "first day" can be reviewed by clicking on the "First Day Hearing" link on the left.


Dates

DonwlaodClaim
April 19 2022 Rule 3018 Motion Deadline 4:00 p.m. (ET)   Add to Calendar
May 2 2022 Voting Deadline 4:00 p.m. (ET)   Add to Calendar
May 17 2022 Confirmation Hearing 10:00 a.m. (ET)   Add to Calendar
+ SHOW ALL DATES
June 30 2021 11:00 a.m. (ET)
July 22 2021 11:00 a.m. (ET)
August 26 2021 11:00 a.m. (ET)
September 23 2021 11:00 a.m (ET)
October 28 2021 11:00 a.m. (ET)
November 30 2021 11:00 a.m. (ET)
December 29 2021 11:00 a.m. (ET)
April 19 2022 4:00 p.m. (ET)
Rule 3018 Motion Deadline Add to Calendar
May 2 2022 4:00 p.m. (ET)
Voting Deadline Add to Calendar
May 17 2022 10:00 a.m. (ET)
Confirmation Hearing Add to Calendar

Case Background

On May 26, 2020, LATAM Airlines Group S.A. and 28 affiliated debtors (collectively, the "Initial Debtors") each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (the “Court”). Thereafter, on July 7 and 9, 2020, an additional 9 affiliated debtors (collectively, the “Subsequent Debtors” and, together with the Initial Debtors, the "LATAM Debtors") filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the Court. The cases are pending before the Honorable Judge James L. Garrity Jr., and are jointly administered under Case No. 20-11254.  The LATAM Debtors' website can be found by going to https://cases.ra.kroll.com/LATAM/ or clicking here.

 

Bar Date for Filing Proofs of Claim

The Bankruptcy Court has established the following deadlines for filing proofs of claim against the Debtor:

• General Bar Date: December 18, 2020 at 4:00 PM (ET)
• Supplemental Bar Date: February 5, 2021 at 4:00 PM (ET)

The Supplemental Bar Date was set by the Court in connection with a limited set of litigation related parties.  To determine whether you are one of these parties, please click here to review the list of parties for whom the Supplemental Bar Date applied. 

To submit a claim against the Debtors or for more information on filing a proof of claim against the Debtors, please click here.

Plan Filing and Disclosure Statement Approval

On November 26, 2021, the Debtors’ filed a proposed chapter 11 plan of reorganization (Docket Number 3666) (as amended from time to time, the “Plan”) and related disclosure statement (Docket Number 3667) (as amended from time to time, the “Disclosure Statement”).  On January 14, 2022, the Creditors’ Committee filed the Objection of the Official Committee of Unsecured Creditors to the Debtors’ Motion to Approve (I) the Adequacy of Information in the Disclosure Statement, (II) Solicitation and Voting Procedures, (III) Forms of Ballots, Notices and Notice Procedures in Connection Therewith, and (IV) Certain Dates with Respect Thereto (Docket Number 4063).  The Bankruptcy Court held hearings to consider approval of the disclosure statement and the procedures for solicitation of acceptance of the plan on January 27, January 28, and February 1, 2022.  On March 21, 2022, the Court entered the Order Authorizing Debtors’ Motion to Approve (I) the Adequacy of Information in the Disclosure Statement, (II) Solicitation and Voting Procedures, (III) Forms of Ballots, Notices and Notice Procedures in Connection Therewith, and (IV) Certain Dates with Respect Thereto (Docket Number 4728).  The Debtors filed solicitation versions of the Plan and the Disclosure Statement on March 25, 2022 (Docket Numbers 4776 and 4777).

Voting and Other Deadlines

 The Debtors have commenced solicitation of creditors’ votes to accept or reject confirmation their Plan.  The court-approved Disclosure Statement is included in the solicitation materials being sent to voting creditors.  The Creditors’ Committee encourages all creditors to review the full terms of the Plan and the Disclosure Statement before voting.  The final solicitation versions of the Plan and the Disclosure Statement can be viewed here.

 The deadline to return ballots in respect of the Plan is 4:00 P.M. PREVAILING EASTERN TIME ON MAY 2, 2022.

The ballots being sent to each voting creditor will include an allowed amount of such voting creditor’s claim for purposes of Plan voting as determined by the Solicitation Agent in consultation with the Debtors.  To the extent a voting creditor receives a ballot that includes a claim amount which it believes is inaccurate and does not reflect the amount of its valid claim, such creditor may file a motion with the Bankruptcy Court under Bankruptcy Rule 3018 requesting that the Bankruptcy Court determine the temporary allowed amount of the claim for purposes of voting on the Plan.  Similarly, any creditor that receives a notice of non-voting status because such creditor’s claim is subject to a pending objection may also file a motion under Bankruptcy Rule 3018 seeking temporary allowance of their claim in a specified amount for Plan voting purposes. 

 The deadline to file any motion seeking relief under Bankruptcy Rule 3018 is 4:00 P.M. PREVAILING EASTERN TIME ON APRIL 19, 2022.     

The Bankruptcy Court set the following deadlines and hearing dates in connection with voting and consideration of confirmation of the Debtors’ plan:

SOLICITATION TIMELINE
Deadline to File Plan Supplement April 12, 2022
Rule 3018 Motion Deadline April 19, 2022, at 4:00 p.m. ET
Confirmation Objection Deadline April 29, 2022, at 4:00 p.m. ET
Voting Deadline  May 2, 2022, at 4:00 p.m. ET
Deadline to File Reply to Rule 2018 Motion(s)  May 2, 2022, at 12:00 p.m. ET
Hearing on Rule 3018 Motions May 3, 2022 at 11:00 a.m. ET (subject to the Court's calendar)
Deadline to File Voting Report May 6, 2022
Deadline for Supplemental Objections re: Voting May 9, 2022, at 4:00 p.m. ET
Deadline to File Reply to Confirmation Objection(s) May 12, 2022, at 12:00 p.m. ET
Confirmation Hearing May 17-18, 2022, at 10:00 a.m. ET

 

Committee Position

The Creditors’ Committee’s position regarding the Plan is set forth in the Disclosure Statement.  The Creditors’ Committee filed objections to the Disclosure Statement arguing that the Plan was patently unconfirmable. See Objection of the Official Committee of Unsecured Creditors to the Debtors’ Motion to Approve (I) the Adequacy of Information in the Disclosure Statement, (II) Solicitation and Voting Procedures, (III) Forms of Ballots, Notices and Notice Procedures in Connection Therewith, and (IV) Certain Dates with Respect Thereto (Docket Number 4063).  The Court has not yet ruled on confirmation of the Plan, and the Court continued the objections of the Creditors’ Committee regarding Plan confirmation to the Confirmation Hearing.  The Creditors’ Committee encourages all creditors to review the full terms of the Plan and the Disclosure Statement before voting.  The final solicitation versions of the Plan and the Disclosure Statement can be viewed here. The views of the Creditors’ Committee regarding specific aspects of the Plan are more fully set forth in the Disclosure Statement in Sections I.B, IV.C, IV.G, IV.H, IV.K, IV.L, IV.M, VI.C, IX.A, X.C, and X.G thereof.

As the Disclosure Statement states:  “The Creditors’ Committee’s opposition to the Plan is based on its belief that the Plan provides insufficient recoveries to LATAM Parent’s general unsecured creditors who will receive less than 20 cents for every dollar of Allowed Class 5 claims they hold based on the Debtors’ assumed plan value and claims estimates, unless they are eligible to and elect to invest new money and grant the Plan’s releases to the Debtors and related parties.”  See Disclosure Statement, Section I.B.

The Creditors’ Committee believes that each creditor’s vote is important and encourages every creditor to timely cast a vote on the Plan.  As set forth in the Disclosure Statement, “[i]f the majority in number and two thirds in amount of claims held by unsecured creditors that actually vote do not vote for the Plan, the Plan is unlikely to be confirmed by the Court.”  See Disclosure Statement, Section I.B.

The Creditors’ Committee also encourages creditors to consider their rights under Bankruptcy Rule 3018.  “The Court has approved Plan voting procedures that will allow holders of claims that are partially or wholly disputed, unliquidated, or contested to vote temporarily allowed amounts of their claims for purposes of Plan confirmation. To the extent you receive a Plan ballot and believe that the voting amount reflected on the ballot does not reflect the full amount of your valid claim, the Creditors’ Committee encourages you to seek relief under Rule 3018 of the Bankruptcy Code in accordance with the procedures specified in the solicitation materials. This will allow you to request that the Court determine the temporarily allowed amount of your claim for voting purposes.”  See Disclosure Statement, Section I.B. 

The Creditors’ Committee also encourages creditors to review the Plan’s third-party release provisions.  “If you are eligible to vote on the Plan and you (i) vote to accept the Plan or (ii) vote to reject the Plan or abstain from voting on the Plan and do not affirmatively opt out of the release provisions in the Plan, you will be deemed, as of the Effective Date, to have conclusively, absolutely, unconditionally, irrevocably and forever released, waived and discharged all claims and all causes of action (as set forth in Section 11.3 the Plan and as permitted by applicable law) against the Released Parties (as defined in the Plan), including third parties. See Section XI [of the Disclosure Statement]. Holders of claims are urged to carefully review the release provisions in Section 11.3 of the Plan as well as the opt-out procedures as detailed in the forms of ballots.”  See Disclosure Statement, Section I.B.

Voting Questions

Any holder of a claim who believes it is entitled to vote on the Plan and who did not receive a ballot, received a damaged ballot or lost their ballot, or who has any questions concerning the procedures for voting on the Plan, should call the Debtors’ solicitation agent, Prime Clerk LLC (now known as Kroll Restructuring Administration), LLC (the “Solicitation Agent”), at US: (877) 606-3609 or internationally: (929) 955-3449.

Claims Resoution

On October 26, 2020, the Court entered the Order (I) Establishing Claims Objection and Notice Procedures and (II) Granting Related Relief (Docket Number 1251) ("Claims Objection Procedures Order").  The Claims Objection Procedures Order sets forth certain procedures for the Debtors follow when objecting to claims filed in these cases.  In addition, the Claims Objection Procedures Order sets forth certain notice procedures for the Debtors to follow when objecting to claims. 

Thereafter, on March 18, 2021, the Court entered the Order (I) Authorizing Implementation of Alternative Dispute Resolution Procedures, (II) Modifying the Claims Procedures Order and (III) Granting Related Relief (Docket Number 2037) (the "ADR Order").  The ADR Order modifies the claim objection and notice procedures laid out in the Claim Objection Procedures Order.  In addition, the ADR Order establishes alternative dispute resolution procedures for the resolution of certain Chilean or Columbian claimants.

To review the Claim Objection Procedures Order or the ADR Order and the procedures established by the Court, please click on the links below.

On September 24, 2020, the Court entered the Order (I) Establishing Bar Dates for Filing Proofs of Claim, (II) Approving Proof of Claim Form, Bar Date Notices, and Mailing and Publication Procedures, (III) Implementing Uniform Procedures Regarding 503(b)(9) Claims, and (IV) Providing Certain Supplemental Relief (Docket Number 1106) (the “Bar Date Order”). The Bar Date Order set the General Bar Date as December 18, 2020 at 4:00 p.m.

Thereafter, on December 17, 2020, the Court entered the Order Establishing Supplemental Bar Date for Filing Proofs of Claim Applicable Only to Those Claimants Listed on Exhibit I (Docket Number 1503) (the “Supplemental Bar Date Order”). The Supplemental Bar Date Order set the Supplemental Bar Date as February 5, 2021.

The deadlines to file a claim established by the Bar Date Order and Supplemental Bar Date Order have passed.

DIP Credit Facility

 On September 19, 2020, the Court entered the Order (I) Authorizing the Debtors to (A) Obtain Postpetition Financing, and (B) Grant Superpriority Administrative Expense Claims, and (II) Granting Related Relief (Docket Number 1091) (the "DIP Order"). Among other things, the DIP Order authorized the Debtors to borrow money pursuant to the DIP Loan Documents (attached to the DIP Order as Exhibit A) in order to permit the orderly continuation of the Debtors' business and pay the costs of administration of the Debtors' estates.

On March 18, 2022, the Court entered the Order (I) Authorizing the Debtors to (A) Enter into the Amended and Restated Credit Agreement, (B) Obtain Replacement Postpetition Financing, and (C) Grant Superpriority Administrative Expense Claims, and (II) Granting Related Relief (Docket Number 4704) (the “A&R DIP Order”). Among other things, the A&R DIP Order authorized the Debtors to refinance and replace certain of its existing loans pursuant to the DIP Loan Documents to further permit the orderly continuation of the Debtors’ business and pay the costs of administration of the Debtors’ estates.

Committee Standing Motions

On June 16, 2021, the Committee filed motions against Delta Air Lines and Qatar Airways seeking to pursue certain fraudulent transfer claims.  The claims against Delta concern the termination of an agreement pursuant to which Delta would have purchased four Airbus A350 aircraft from LATAM, shortly before LATAM filed for chapter 11 relief.  The claims against Qatar arise from the termination of the subleases of five A350 aircraft from LATAM, which also occurred shortly before LATAM filed for bankruptcy.  The standing motions are scheduled to be heard at the omnibus hearing on July 22, 2021. 

To review the Committee's standing motions, please click the links below:

Parties

Committee of Unsecured Creditors’ Counsel

  • Dechert LLP

    1095 Avenue of the Americas
    New York, NY   10036
    https://www.dechert.com/
    Phone: 212.698.3500
    Fax: 212.698.3599

    Allan S. Brilliant
    Craig P. Druehl
    David A. Herman

  • Klestadt Winters Jureller Southard & Stevens, LLP

    200 West 41st Street
    17th Floor
    New York, NY   10036
    http://klestadt.com/
    Phone: 212.972.3000
    Fax: 212.972.2245

    Tracy L. Klestadt
    Brendan M. Scott
    Lauren C. Kiss

Committee of Unsecured Creditors’ Financial Advisors

  • Conway MacKenzie, LLC

    600 Brickell Ave., Suite 2550
    Miami, FL   33131
    https://conwaymackenzie.com/
    Phone: 305.563.8000

    Aurelio Garcia-Miro

  • UBS Securities LLC

    1285 Avenue of the Americas
    New York, NY   10023
    https://www.ubs.com/
    Phone: 212.821.6024

    Elizabeth LaPuma

Debtors' Counsel

  • Cleary Gottlieb Steen & Hamilton LLP

    One Liberty Plaza
    New York, NY   10006
    https://www.clearygottlieb.com/
    Phone: 212.225.2000
    Fax: 212.225.3999

    Richard J. Cooper
    Lisa M. Schweitzer
    Luke A. Barefoot

  • Togut, Segal & Segal LLP

    One Penn Plaza, Suite 3335
    New York, NY   10119
    https://www.togutlawfirm.com
    Phone: 212.594.5000
    Fax: 212.967.4258

    Albert Togut
    Kyle J. Ortiz

United States Trustee and Court Information

  • United States Bankruptcy Court

    Southern District of New York
    One Bowling Green
    New York, NY   10004-1408
    http://www.nysb.uscourts.gov/
    Phone: 212.668.2870



  • Office of the United States Trustee

    U.S. Federal Office Building
    201 Varick Street, Suite 1006
    New York, NY   10014
    http://www.usdoj.gov/ust/r02
    Phone: 212.510.0500



Debtors

Case Number Debtor Name Petition Date
Case Number 20-11254 Debtor Name LATAM Airlines Group S.A. Creditors' Committee Petition Date May 26, 2020
Case Number 20-11255 Debtor Name Transporte Aereo S.A. Petition Date May 26, 2020
Case Number 20-11256 Debtor Name Aerovias de Integracion Regional S.A. (Aires S.A.) Petition Date May 26, 2020
Case Number 20-11257 Debtor Name LATAM Airlines Ecuador S.A. Petition Date May 26, 2020
Case Number 20-11258 Debtor Name Latam Airlines Peru S.A. Petition Date May 26, 2020
Case Number 20-11259 Debtor Name Lan Cargo S.A. Petition Date May 26, 2020
Case Number 20-11260 Debtor Name Linea Aerea Carguera de Colombia SA Petition Date May 26, 2020
Case Number 20-11261 Debtor Name Inversiones Lan S.A. Petition Date May 26, 2020
Case Number 20-11262 Debtor Name Technical Training LATAM S.A. Petition Date May 26, 2020
Case Number 20-11263 Debtor Name LATAM Travel Chile II S.A. Petition Date May 26, 2020
Case Number 20-11264 Debtor Name Lan Pax Group S.A. Petition Date May 26, 2020
Case Number 20-11265 Debtor Name Fast Air Almacenes de Carga  S.A. Petition Date May 26, 2020
Case Number 20-11266 Debtor Name LATAM Finance LTD Petition Date May 26, 2020
Case Number 20-11267 Debtor Name Peuco Finance Ltd. Petition Date May 26, 2020
Case Number 20-11268 Debtor Name Professional Airline Cargo Services, LLC Petition Date May 26, 2020
Case Number 20-11269 Debtor Name Cargo Handling Airport Services, LLC Petition Date May 26, 2020
Case Number 20-11270 Debtor Name Maintenance Service Experts, LLC Petition Date May 26, 2021
Case Number 20-11271 Debtor Name Lan Cargo Repair Station LLC Petition Date May 26, 2021
Case Number 20-11272 Debtor Name Prime Airport Services Inc. Petition Date May 26, 2020
Case Number 20-11273 Debtor Name Professional Airline Maintenance Services, LLC Petition Date May 26, 2020
Case Number 20-11274 Debtor Name Connecta Corporation Petition Date May 26, 2020
Case Number 20-11275 Debtor Name Inversiones Aereas S.A. Petition Date May 26, 2020
Case Number 20-11276 Debtor Name Holdco Colombia II SpA Petition Date May 26, 2020
Case Number 20-11277 Debtor Name Holdco Colombia I SpA Petition Date May 26, 2020
Case Number 20-11278 Debtor Name Holdco Ecuador S.A. Petition Date May 26, 2020
Case Number 20-11279 Debtor Name Lan Cargo Inversiones S.A. Petition Date May 26, 2020
Case Number 20-11280 Debtor Name Lan Cargo Overseas Ltd Petition Date May 26, 2020
Case Number 20-11281 Debtor Name Mas Investment Ltd. Petition Date May 26, 2020
Case Number 20-11282 Debtor Name Professional Airline Services Inc. Petition Date May 26, 2020
Case Number 20-11587 Debtor Name Piquero Leasing Limited Petition Date July 07, 2020
Case Number 20-11597 Debtor Name TAM S.A. Petition Date July 09, 2020
Case Number 20-11598 Debtor Name TAM Linhas Aereas S.A. Petition Date July 09, 2020
Case Number 20-11599 Debtor Name Multiplus Corredora de Seguros Ltda. Petition Date July 09, 2020
Case Number 20-11600 Debtor Name Prismah Fidelidade Ltda. Petition Date July 09, 2020
Case Number 20-11601 Debtor Name Fidelidade Viagens e Turismo S.A. Petition Date July 09, 2020
Case Number 20-11602 Debtor Name TP Franchising Ltda. Petition Date July 09, 2020
Case Number 20-11603 Debtor Name Aerolinhas Brasileiras S.A. Petition Date July 09, 2020
Case Number 20-11604 Debtor Name Holdco I S.A. Petition Date July 09, 2020