Would it be "fair" to let US Airways weasel out of a legal contract US Airways executives made? . . . . at least in good faith on the part of the unions anyway. Bankruptsy isn't "FAIR" to creditors and people that are owed money. Expedient maybe, but certainly not FAIR. FAIR is when everyone abides by their word and the agreements they make. Not keeping your word, renegging on a debt, or not delivering on a promise is unethical, incompetent, and in this case both . . . . . . but not FAIR.
Is if FAIR if I borrow money from my bank to buy a car, then tear the car up through neglect and stupidity redering it worthless, then tell the bank . . . "sorry I can't pay you back, but you can repo the car."
For the stockholders, that doesn't apply because there is no legal requirement for them to recover money they invested.
He should have said he wants to "mitigate the morass that US Airways Corporation is in."
Language is very important and bankruptsy is dishonorable, although today, the typical American executive amoral thinking is that it's just another business tool. My guess is that this judge thinks the same thing. After he renders his decision, he should take the excutives of US Airways to the public woodshed and conduct an detailed examination of all money, property, loans, perks, etc etc etc that the executive has bestowed upon themselves while this company has been demanding givebacks from legal contracts they agreed to.