The American company AELF MSN 224, LLC has instituted summary proceedings against the Surinamese Aviation Company (SLM) and all members of the supervisory board (SB). The creditor wants the restructuring of the SLM to be discontinued until the court in the main proceedings has ruled on its legality. AELF has indicated that it has a claim of US$ 4.1 million against the airline and wants an advance of US$ 2,463,001 (60%).
The creditor is represented by counsel Richard Tjon-A-Joe van Naarendorp Advocaten, while the SLM and supervisory board members have engaged Gerold Sewcharan. The lawsuit is filed today. All facts and circumstances show the urgent interest, since the unwillingness to pay continues and the SLM engages in unlawful conduct that frustrates the options for redress.
The summary proceedings that were filed on August 22 brought a claim against the SLM, Paul de Haan, Xaviera Jessurun, Henry Klas, Ganesh Laighsingh, Leo Brunswijk, Freddy Palatta, Ruben Ravenberg and Mahinder Sewgobind. He holds them jointly and severally liable, because the supervisory board members advise the board. AELF is an aircraft rental company based in the United States of America and has leased an Airbus A340-300 to the SLM. A dispute arose between the plaintiff and the SLM over a surrender amount of US$ 23.5 million. A settlement agreement was signed in June 2020, whereby it was agreed that US$4.1 million would be paid. US$25,000 was paid in December 2020, US$10,000 in January 2021 and US$10,000 in February 2021.
The plaintiff argues that the SLM has been given four notices to pay the debt. In April 2021, AELF made the amount of US$ 4.1 million immediately due and payable. It is emphasized that almost US$ 20 million of the original claim has been reduced and, despite numerous notices, no payment has been made to date. Plaintiff’s attempt to settle the dispute amicably has not borne fruit. The SLM is accused of non-performance.
AELF argues that the corporate restructuring that the SLM is undertaking will have a negative effect on creditors. The company’s assets will be absorbed into the new Arena group of companies and the ‘old’ companies will be left with debt. Plaintiff is seriously concerned that the restructuring will result in the debt not being paid. The main aim of the restructuring would be that the debts would not be paid. It is argued that the SLM claims to be in financial difficulties, but carries out legal acts with far-reaching financial consequences. Cited are selling assets and contracting consultants for excessive fees while knowingly failing to meet payment obligations to AELF.