Credits held against the Companies under Judicial Reorganization that existed until 01/03/2023, date of the Judicial Reorganization request, are considered credits subject to Judicial Reorganization pursuant to article 49 of the Brazilian Bankruptcy Law (Law No. 11.101/2005).
Pursuant to article 49 of the Brazilian Bankruptcy Law, all existing credits on the date of the 2nd Judicial Reorganization request (01/03/2023) are subject to the effects of the 2nd Judicial Reorganization, including those credits that were submitted to the 1st Judicial Reorganization of the Oi Group.
For the inclusion of credits in the 2nd Judicial Reorganization of the Oi Group, the creditor must present a credit claim within a period of up to 15 (fifteen) days after the publication of the public notice (“edital”), containing the nominal list of creditors presented by the Companies under Judicial Reorganization, as provided for in articles 7 and 9 of the Law No. 11.101/2005.
Credit claims must be sent EXCLUSIVELY through the Judicial Administrators’ website https://recuperacaojudicialoi.com.br/inicio-2/habilitacoes-ou-divergencias/), where creditors will fill out the form which must be submitted together with the credit claim and the documentation provided for in art. 9 of Law No. 11.101/2005.
In the case of credits resulting from a judicial proceedings, the documentation presented by the creditor must contain the credit certificate issued by the court of origin or, at least:
- a) the judicial order of merit rendered by the court of origin and/or court of appeal when applicable;
- b) the certificate of publication of the sentence/judgment in the Official Gazette, when applicable;
- c) the final and unappealable certificate to prove that the order is final;
- d) the decision that ratified the experts’ calculations and proof that said decision became final to prove that the amount is due;
- e) a copy of the invoices and/or the disbursement in case of overpayment (“repetição de indébito”), so that it is possible to verify the amount of the credit in cases where the order only refers to the period of overpayment and the initial term of the incidence of monetary adjustment, and;
- f) proof of the date of service of process, filing of the proceedings or of another element that, in the case, allows the determination of the initial term of interest and/or other charges.
In the case of credits arising from any relationship with the Companies under the RJ that are NON-JUDICIALIZED (not taken to court), the documentation presented by the creditor must contain:
- a) a brief description of the constitution and history of the credit;
- b) the documents that are necessary to prove the existence of the credit, such as, for example, invoices, certificates, proof of delivery of goods or provision of services, measurement of service, proof of order and emails between the parties;
- c) calculations of the original amount;
- d) updated calculation spreadsheet, according to the contractual relationship, until the date of the request for the 2nd Judicial Reorganization (01/03/2023).
For the rectification of credits in the 2nd Judicial Reorganization of the Oi Group, the creditor must present a credit opposition, within a period of up to 15 (fifteen) days after the publication of the public notice (“edital”) containing the nominal list of creditors presented by the RJ Debtors, as provided for in Articles 7 and 9 of Law No. 11.101/2005.
Oppositions must be sent EXCLUSIVELY through the Judicial Administrator’s website (https://recuperacaojudicialoi.com.br/inicio-2/habilitacoes-ou-divergencias/), where creditors will fill in the form, which must be submitted together with the opposition filling and the documentation provided for in art. 9 of Law No. 11.101/2005.
In the case of credits resulting from a judicial proceedings, the documentation presented by the creditor must contain the credit certificate issued by the court of origin or, at least:
- g) the judicial order of merit rendered by the court of origin and/or court of appeal when applicable;
- h) the certificate of publication of the sentence/judgment in the Official Gazette, when applicable
- i) the final and unappealable certificate to prove that the order is final;
- j) the decision that ratified the experts’ calculations and proof that said decision became final to prove that the amount is due;
- k) a copy of the invoices and/or the disbursement in case of overpayment (“repetição de indébito”), so that it is possible to verify the amount of the credit in cases where the order only refers to the period of overpayment and the initial term of the incidence of monetary adjustment, and;
- l) proof of the date of service of process, filing of the proceedings or of another element that, in the case, allows the determination of the initial term of interest and/or other charges.
In the case of credits arising from any relationship with the Companies under the RJ that are NON-JUDICIALIZED (not taken to court), the documentation presented by the creditor must contain:
- e) a brief description of the constitution and history of the credit;
- f) the documents that are necessary to prove the existence of the credit, such as, for example, invoices, certificates, proof of delivery of goods or provision of services, measurement of service, proof of order and emails between the parties;
- g) calculations of the original value;
- h) updated calculation spreadsheet, according to the contractual relationship, until the date of the request for the 2nd Judicial Reorganization (01/03/2023).
The payment of the credits subject to the RJ will be carried out according to the new payment conditions that will be proposed by the RJ Debtors in the Judicial Reorganization Plan, if approved by the creditors at the General Creditor’s Meeting (GCM).
The new Judicial Reorganization Plan, presented on 19/05/2023, will provide for the new payment of credits methods for those credits who were generated prior to the Judicial Reorganization request (01/03/2023), and will be the subject to deliberation at the General Creditors Meeting (GCM) which will be reasonably called by the Judge of the 7th Corporate Court of the State of Rio de Janeiro – RJ.
With regard to the payments provided for by the late Judicial Reorganization Plan, we clarify that, due to the decision of ID 49913036 that granted the processing of the new Judicial Reorganization, the Oi Group is unable to proceed with the payment of credits that have been generated before 01/03/2023. That is, the credits that were submitted to the late Judicial Reorganization Plan will be submitted to the new Judicial Reorganization Plan, which has been presented on 19/05/2023.
Finally, we emphasize that the information on the Judicial Reorganization Plan, General Creditors Meeting, as well as other relevant information on the Judicial Reorganization proceedings of the Oi Group, can be found on the Judicial Administrator’s website, through the link https://recuperacaojudicialoi.com.br/inicio-2/principal-2/ .
With regard to the payments provided for by the late Judicial Reorganization Plan, we clarify that, due to the decision of ID 49913036 that granted the processing of the new Judicial Reorganization, the Oi Group is unable to proceed with the payment of credits that have been generated before 01/03/2023. That is, the credits that were submitted to the late Judicial Reorganization Plan will be submitted to the new Judicial Reorganization Plan, which has been presented on 19/05/2023.
The new Judicial Reorganization Plan, presented on 19/05/2023, will provide for the new payment methods of credits generated prior to the request for Judicial Reorganization made on 01/03/2023, and will be subject to deliberation at the General Creditors Meeting that will be reasonably summoned by the Judge of the 7th Corporate Court of the State of Rio de Janeiro – RJ.
First, the creditor must consult the list of creditors presented by the RJ Debtors in the 2nd Judicial Reorganization, which is available on the Judicial Administrator’s website through the link https://recuperacaojudicialoi.com.br/inicio-2/pecas-processuais/ . If the creditor is already included in the aforementioned nominal list of creditors under the terms of the order handed down in the credit claim/opposition incident, it will not be necessary to present a credit claim or opposition.
If the credit eventually has not been listed in the nominal list of creditors presented by the RJ Debtors in the 2nd Judicial Reorganization, even if there has been a order published in the Official Gazette or a rendered order, but not yet published in the Official Gazette up to the date of the request for the 2nd Judicial Reorganization (01/03/2023), the creditor does not need to present administrative claim of his credit, since the Judicial Reorganization Court has determined that the Judicial Administrator incorporates such credits in the list of creditors that will be presented by the Judicial Administrator, under the terms of article 7, paragraph 2, of Law No. 11.101/2005. In these cases, we recommend that the creditor waits for the disclosure of the list of creditors that will be presented by the Judicial Administrator to check whether the credit has been listed in accordance with the terms of the order issued in the credit claim or opposition incident.
It is not necessary to present a credit claim/opposition in the 2nd Judicial Reorganization, since the procedural incident will continue to be processed.
In these cases, we recommend that the creditor who has an incident in progress consults the nominal list of creditors presented by the RJ Debtors of the 2nd Judicial Reorganization, which is available on the Judicial Administrator’s website through the link https://recuperacaojudicialoi.com.br/inicio- 2/procedural-parts/ , and then:
- a) If the creditor is listed in the nominal list of creditors presented by the RJ Debtors of the 2nd Judicial Reorganization, the Reorganization Court determined that, depending on the manifestation of the credit claim/opposition regarding the interest or not to continue with the discussion on the amount and/or class of the credit, the incident will be extinguished due to lack of interest or will continue to be, from now on, considered a “timely opposition” for the 2nd Judicial Reorganization. Thus, it is not necessary to present an opposition in the 2nd Judicial Reorganization, since the amount listed in the list of creditors presented by the RJ Debtors may be discussed in the procedural incident already filed;
- b) If the creditor is not listed in the nominal list of creditors presented by the RJ Debtors of the 2nd Judicial Reorganization, the Reorganization Court determined that the incident will be, from now on, considered “timely Credit Claim” for the 2nd Judicial Reorganization, and must proceed in its regular procedure and, when sentenced, the recognized credit will be able to vote in the General Creditors Meeting, and must be duly noted by the Judicial Administration for consolidation in the Creditors List, to the extent that the credit claims are ordered, observing the provisions of Law No. 11.101/2005. Thus, it is not necessary to present a credit claim in the 2nd Judicial Reorganization, as the procedural incident will continue to be processed.
For the credits generated after the request of the 2nd Judicial Reorganization, on 01/03/2023, considered as priority credits, the order that granted the processing of the 2nd Judicial Reorganization ratified the decisions on pages. 527093/527113 and pages 587,734/587,774 of the 1st Judicial Reorganization (Proceedings No. 0203711-65.2016.8.19.0001) to:
(a) DECLARE that any and all ACT OF CONSTRUCTION, in cash, in the accounts of OI S.A., PORTUGAL TELECOM INTERNATIONAL FINANCE B.V. (“PTIF”), and OI BRASIL HOLDINGS COÖPERATIEF U.A. (“OI COOP”), by any means, with the purpose of guaranteeing Tax Foreclosures, by any Federal, State or Municipal Court in the Country, in the amount over R$ 20,000.00 (twenty thousand reais), undertakes and puts into risk the viability of the judicial reorganization plan and directly violate the Preservation Principle of the Company (art. 47 of Law 11.101/2005);
(b) determined that, for credits of up to R$ 20,000.00 (twenty thousand reais), online pledges may be made on the accounts at the following accounts: Banco Itaú Unibanco 341, Ag. 0654, CC 40477/1 -Oi S.A.; Banco Itaú Unibanco 341, Ag 0654, CC. 50828/2 -Oi Móvel S.A.; and Banco Itaú Unibanco 341, Ag 0911, CC.
20013/7- Telemar Norte Leste S.A.; and for credits equal to or greater than R$ 20,000.00 (twenty thousand reais), the constriction must fall on the assets listed by the RJ Debtors on pages 525.721/526.997 of the records of the 1st Judicial Reorganization (case No. 0203711- 65.2016.8.19.0001), at the discretion of the execution court, with the extension to the execution of priority claims of a private nature;
We clarify that all credits held against the RJ Debtors existing until the date of the request for the 2nd Judicial Reorganization are subject to the 2nd Judicial Reorganization of the Oi Group, that is up to 01/03/2023.
In the future, after the presentation of the Judicial Reorganization Plan, the public notice (“edital”) will be published for the means of individualization of the credit for the purposes of participation in the General Creditors Meeting (GCM) with the rights to deliberate and vote for bondholder creditors. The public notice (“edital”) will contain guidelines on documentation to be sent, deadlines and procedures for individualizing the credit.
We advise bondholder creditors to follow the proceedings of the 2nd Judicial Reorganization, as well as the information disclosed on the Judicial Administrator’s website through the link https://recuperacaojudicialoi.com.br/ , so they can observe the publication of the bondholder public notice (“edital”).
The Judicial Administrator does not have the attribution to act in autonomous proceedings, neither as a representative of the RJ Debtors nor as an opinionated institution. In this way, the representation of companies under Judicial Reorganization continues to be exercised through lawyers constituted in docs, but never by the Judicial Administrator named in the Judicial Reorganization.
Pursuant to article 22 of Law No. 11.101/2005, the Judicial Administrator, in the Judicial Reorganization proceedings, has the duty to supervise the debtor and the compliance with the Judicial Reorganization Plan, as well as consolidating the Creditors List and providing information to Creditors.
That is, the Judicial Administrator – in Judicial Reorganization – does not administrate the company in judicial reorganization, does not manage the cash flows and does not make payments, differing from what occurs in the bankruptcy process, in which the Judicial Administrator is responsible for the tasks of representing and administrating the bankrupt estate. Therefore, the Judicial Administrator is an assistant to the Judicial Reorganization Court, and his performance is restricted to it.
The Breakdown of the List of Suppliers per Invoice is available on the site of the Judicial Reorganization (click here) and can be accessed in “Outros Documentos / Other Documents” > “Lista de Credores” > “Breakdown Lista de Credores – Fornecedores por Nota Fiscal – 09.05.2023”.
The main information on the Oi Group’s Judicial Reorganization proceedings is available for consultation on the Judicial Administrator’s website through the link https://recuperacaojudicialoi.com.br/ .
However, if the doubt persists, contact the Judicial Administrator through e-mail, at the following address: credoroi@wald.com.br , or through the telephone numbers below:
+55 (21) 2272-9335
+55 (21) 2272-9313
+55 (21) 2272-9300