[RV7A Flyer]

Just curious about something. The notice that we're all going to get says:

The definition of Claim includes any and all claims of any kind or nature whatsoever that you may have with respect to the above or
any other issues involving Debtor, either now existing or arising the future, related in any way to Debtor or its products, services, activities, or of any other kind and nature against Debtor even if presently unliquidated, contingent, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(Emphasis added)

and

The deadline for filing proof of claim is February 12, 2024. If you have a Claim and you do not file a Proof of Claim by that date, your Claim may be discharged. Failure to file a Claim may prevent you from voting on any plan of reorganization in this case. Furthermore, if your Claim is
discharged, you will be forever prevented from asserting your Claim against the Debtor and you may not receive any payment or distribution on your Claim

(Emphasis added)

So what does that mean? If we have no current open orders or the like, should we still file a claim so that if a future major issue arises, we're not foreclosed from having replacement parts or whatever provided by Van's? If a SB comes out in the future, etc.?

Color me confused...

 

[apicreator]

My understanding is the same. I think it is more applicable to those that have ordered QB that were shipped with LCP. They will need to file a claim. I assume those that have LCP that need replaced also need to file a claim.

Any lawyer here to give us a legal opinion?

 

[inktomi]

I was very curious if I should file a claim for LCP replacement or not. You can see who's already submitted claims, and they're all for engine deposits and things like that.

Aside, if we did want to submit a claim for LCP replacement, what money value would you put down?

 

[apicreator]

From their online store...

 

[RV8JD]

My understanding is the same. I think it is more applicable to those that have ordered QB that were shipped with LCP. They will need to file a claim. I assume those that have LCP that need replaced also need to file a claim.

Not limited to folks with LCP. Looks like they want to identify 'any and all claims of any kind or nature whatsoever' by the deadline. More from Docket #45:

"YOU MAY HAVE A CLAIM AGAINST DEBTOR:

Debtor has been producing aircraft components and kits since 1972. Throughout this time, Debtor has issued a number of service bulletins, safety directives, safety alerts, notifications, service letters, and change notices that relate to a number of potential issues including, but not limited to, corrosion, coverage of primer, cracks in structural components and laser cut parts, leaking radiators and fuel tanks, flutter related events, fire and carbon monoxide protection, landing gear failures, pitot static systems, fatigue cracking in various components, canopy or door latch systems, rollover protection, and brake pedal design. In addition, issues have been discussed on vansairforce.net about improper design or defect in Debtor’s parts and components. You may also have experienced issues with other parts or devices or may do so in the future. The definition of Claim includes any and all claims of any kind or nature whatsoever that you may have with respect to the above or any other issues involving Debtor, either now existing or arising the future, related in any way to Debtor or its products, services, activities, or of any other kind and nature against Debtor even if presently unliquidated, contingent, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.”​

 

[RV7A Flyer]

Not limited to folks with LCP. Looks like they want to identify 'any and all claims of any kind or nature whatsoever' by the deadline. More from Docket #45:

"YOU MAY HAVE A CLAIM AGAINST DEBTOR:

Debtor has been producing aircraft components and kits since 1972. Throughout this time, Debtor has issued a number of service bulletins, safety directives, safety alerts, notifications, service letters, and change notices that relate to a number of potential issues including, but not limited to, corrosion, coverage of primer, cracks in structural components and laser cut parts, leaking radiators and fuel tanks, flutter related events, fire and carbon monoxide protection, landing gear failures, pitot static systems, fatigue cracking in various components, canopy or door latch systems, rollover protection, and brake pedal design. In addition, issues have been discussed on vansairforce.net about improper design or defect in Debtor’s parts and components. You may also have experienced issues with other parts or devices or may do so in the future. The definition of Claim includes any and all claims of any kind or nature whatsoever that you may have with respect to the above or any other issues involving Debtor, either now existing or arising the future, related in any way to Debtor or its products, services, activities, or of any other kind and nature against Debtor even if presently unliquidated, contingent, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.”​

And that was my question...what falls into the category of "claim" that may not exist now but "[arise] in the future"? Something completely unrelated to LCPs and such? How would you file such a "claim", anyway? As a generic "anything that Van's might identify that requires rework/repair/replacement at any point in the years to come"?

 

[N804RV]

And that was my question...what falls into the category of "claim" that may not exist now but "[arise] in the future"? Something completely unrelated to LCPs and such? How would you file such a "claim", anyway? As a generic "anything that Van's might identify that requires rework/repair/replacement at any point in the years to come"?

I suspect its wiggle-words designed to ensure that, if at some point in the future (after the claiming deadline), you decide Van's had some contractual obligation to you arising from the chapter 11, you cannot make a subsequent claim on the basis that you were excluded.

So, in my opinion, if I were unsure whether or not to file a claim, I'd file one (with as much documentation as I could put together) and let the legal process decide.