I'd love to know the basis for that statement.
You do know that US is still settling claims over 15 months after emerging from BK? You do realize that US just filed it's 8th & 9th objection to claims, seeking to have them thrown out, over 15 months after emerging from BK? All of this has been under Parker's leadership. Why do you believe that the DL creditors will all get paid at BK exit?
Jim
Jim,
Yes, I used generalizations. I post messages that people who are "read-up" on the issues may respond in agreement or disagreement. I assume, apparently to my misfortune, that you and other knowledgeable posters have a general understanding of bankruptcy and, more specifically, airline bankruptcies. I acknowledge that my assumptions about poster's understandings may be off-based at times. You have shown a higher-than-usual understanding of the bankruptcy process so I will try my best to explain this.
To answer your post... in nearly EVERY chapter 11 bankruptcy the trustee is going to file objections to claimants... usually over the amount of the claim or whether a claim exists at all. It doesn't take a stretch of the imagination to know that once a large company files for bankruptcy, tons of scammers file claims in the bankruptcy in attempt to receive an unwarranted payday. These objections are part of a process to weed those out, as well as the claims that are over-valued.
Now, to the meat of your question... I do realize that US is still settling claims (even after exit). This is typical and is not an outlier case at all.
Now let me ask you this Jim:
Will the trustee not be the same under a DL standalone as it would under as DL/US?
Yes, same trustee.
Will the trustee not have the same duty to creditors?
Yes, the same duties.
Don't all the creditors want the fraudulent claims to be dismissed?
Yes, so they can get a bigger piece of the pie.
Will it not be the same amount of claims whether it s DL or DL/US?
Yes, the same amount of claims.
Will the trustee not object to these claims if it was DL standalone rather than DL/US?
Yes, the trustee will object regardless if it is US or US/DL.
I trust that you are getting the point now. In essence, whether it is DL or US/DL the trustee will object to all the claims that it suspects may be at fault. Some of those objections will take many months, regardless if it is DL or US/DL.
The wording "paid at exit" is a general phrase often used when the Debtor will dish out CASH upon the distribution of the plan. Upon distribution, those unsecured creditors who have claims
without disputes will have the new value distributed to them. See 11 U.S.C. 502 for a laundry list. Furthermore, if claims are disputed, unliquidated or contingent, or otherwise objectionable, the plan must contain provisions to permit payments to be made to satisfy these claims after they have been resolved through settlement or litigation as part of the chapter 11 case. One way of providing for such payments is the creation of adequate reserves of assets earmarked for such purpose. This is what US did in its last bankruptcy and undoubtedly what DL will do regardless if it is DL standalone or DL/US. Although distribution for undisputed claims and exit have varying dates, they are often around the same time period.
Thus, upon exit/distribution the
undisputed claimants under a DL/US plan will be paid cash. Like I mentioned earlier, the exit timeframe may be longer under the US/DL plan but the creditors will get cash and shares upon distribution, rather than just shares, which may take significant time to adequately represent the value that DL believes it is worth.
On a somewhat related note, I get the impression that everyone assumes that each unsecured creditor that makes it through the claim rejection gauntlet will get their prorated share of cash and stock - the "They'll get some cash instead of just stock" rationale.
I'd love for someone to point out where that's been said or written.
The reason I ask is that there are 3 creditors who may hold as much as 2/3 of the valid unsecured claims at the end of the process, assuming that the estimates of $15 - $16 billion in unsecured claims turns out to be accurate.
Two of them are the "900 lb gorilla's" on the creditor committee - ALPA and the PBGC, with almost $4.5 billion in claims between them. Their claims, by stipulation, are general unsecured claims so they won't get any special treatment.
The third is potentially the 2000 lb gorilla among the unsecured creditors - the good ole IRS who will hold priority tax claims. DL has already said that priority tax claims will be paid in cash. If that remains the case, that could use up the cash part of the US offer - leaving only stock for the remaining unsecured creditors.
Jim
Good question. Ok, the bid is for $5b in cash. Assuming that the valid unsecured claims are worth $15b. Thus, mathematically, the cash offer is for 33% of the unsecured claims. Therefore, each unsecured claimant would receive a pro-rata share of the cash (33 cents on the dollar).
In regards to the IRS priority claims. Those are usually handled in a seperate class than unsecured claims and will often be paid the full settled-upon amount in cash. DL provided for this in its plan, treating the IRS priority claims as seperate than unsecured (law provides for this). Thus, assuming that US would do the same thing, it is likely that the $5b is not limited by the IRS tax claims. I admit, however, that this is just an educated guess.