jimntx
Veteran
LGA / 037 said:Question ...........
If Management does not get the emergency relief, do they ( Primarily RSA ) have the right to start liquidating ?
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Not "on the sly" if that's what you are worried about. As I understand it, the company or the creditors would have to petititon the court to convert the Ch. 11 filing (reorganization) to a Ch. 7 filing (liquidation). However, if the emergency relief is not granted, I would expect a conversion to Ch. 7 asap to preserve capital assets. There would be no point in continuing to burn through the cash on hand when it could be used to pay off creditors.
That being said, I don't think that will happen yet. I don't think US Airways has reached the point where protection of the creditors is best served by liquidation. It could reach that point rapidly if the burn rate for cash on hand doesn't slow down, but it's not there yet.