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Chapter 11 - A couple of observations

I

imrah6

Member
1. I find it extremely strange that VAF does not have a forum specifically titled "Van's Chapter 11", or something similar, you would think there was an attempt to downplay the seriousness of the situation.
2. It is my understanding, from a consumer attorney, that since the company has entered Chapter 11, everyone that has outstanding orders is now treated as a creditor by the trustee, not a "customer" so if you don't file a claim, as a creditor, you essentially "do not count"
 
imrah6 said:
1. I find it extremely strange that VAF does not have a forum specifically titled "Van's Chapter 11", or something similar, you would think there was an attempt to downplay the seriousness of the situation.
2. It is my understanding, from a consumer attorney, that since the company has entered Chapter 11, everyone that has outstanding orders is now treated as a creditor by the trustee, not a "customer" so if you don't file a claim, as a creditor, you essentially "do not count"
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It does have an have a dedicated area, and I just moved your thread here into it.:)
v/r,dr
 
Not an attorney but it seems to me as a business matter, that if they ignore people with deposits or outstanding orders, and only pay attention to people who submitted claims, that they'd make a lot of folks unhappy - and lose them permanently. And their friends. So I'd expect that Van's will treat all outstanding orders or deposits as valid.

Dave
 
Can (and should) we file a claim if we have accepted the new contracts? The kits have obviously not been delivered yet and there is still a chance that they never will be. Or would this count as a fraudulent claim since the contracts have been signed?
 
For what it is worth when Vans entered bankruptcy I had just made my final payment on an RV-14 SB Wing Kit. When Vans increased the price I owed them additional money which I then paid for when notified on 12/21. On the evening of 1/8 Kelsey e-mailed and called me to say that Vans wanted to know which replacement parts I was going to want for my LCP empennage kit as they were going to crate my wing kit that week. Due to the size of my empennage part order Kelsey and I had to communicate multiple times. My wing kit has shipped and my empennage order should be shortly behind it. This is a lead up to say that Kelsey and Vans could not have treated me any better as a customer and have bent over backwards to make me happy. Vans can’t change the fact that the LCP issue exists or that they are in bankruptcy but I at least was amazed at the amount of parts they are willing to replace for free, including just parts they realize I would damage in order to replace parts marked “Replacement Recommended”. Kelsey and Vans seem determined to treat us as customers and treat us well.
 
TedC said:
Sorry, I can no longer find the Chapter 11 'dedicated area'. Could you please post a link or instructions how to get there? Thanks.
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Go to the top menu on the site and click on "Forums". In the drop down list the first item is "Forums List" click on that. On the next screen that appears, look down the page to about the fifth item and it will say "Chapter 11".
 
Micro151 said:
For what it is worth when Vans entered bankruptcy I had just made my final payment on an RV-14 SB Wing Kit. When Vans increased the price I owed them additional money which I then paid for when notified on 12/21. On the evening of 1/8 Kelsey e-mailed and called me to say that Vans wanted to know which replacement parts I was going to want for my LCP empennage kit as they were going to crate my wing kit that week. Due to the size of my empennage part order Kelsey and I had to communicate multiple times. My wing kit has shipped and my empennage order should be shortly behind it. This is a lead up to say that Kelsey and Vans could not have treated me any better as a customer and have bent over backwards to make me happy. Vans can’t change the fact that the LCP issue exists or that they are in bankruptcy but I at least was amazed at the amount of parts they are willing to replace for free, including just parts they realize I would damage in order to replace parts marked “Replacement Recommended”. Kelsey and Vans seem determined to treat us as customers and treat us well.
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I think generally that their customer service, given the circumstances has been pretty decent. That said, I have been waiting for replacement parts for 4 months already and don't expect to see them for probably another 4.

Regardless, I won't be buying any additional kits until they exit Chapter 11. It's not worth the risk.
 
David Paule said:
Not an attorney but it seems to me as a business matter, that if they ignore people with deposits or outstanding orders, and only pay attention to people who submitted claims, that they'd make a lot of folks unhappy - and lose them permanently. And their friends. So I'd expect that Van's will treat all outstanding orders or deposits as valid.

Dave
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As a legal matter they have to treat every deposit and order as valid but, as you state, there is also the issue of goodwill.
 
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