BoeingBoy
Veteran
- Nov 9, 2003
- 16,512
- 5,865
- Banned
- #31
Now my synopsis. If Doug can persuade the secured creditor then the unsecured creditors will follow or they will have to file a claim against American during bankruptcy and possibly jeopardizing bankruptcy exit (remember union are businesses too) so I don't think that will happen.
First, this part is wrong. The secured creditors don't get a vote - they're assumed to be supportive of whatever POR is proposed since they come out whole (which is what makes them secured creditors to start with). The unions can choose to be unsecured creditors or not, in the sense that they can choose to have unsecured claims or not. Consensual agreements on concessions don't automatically generate claims but concessions imposed through the 1113 process do generate claims. At any rate, it is the unsecured creditors that will get the only vote. Admittedly, some unsecured creditors are also secured creditors, but only the unsecured claim constitutes a vote.
Some things I read in this article that sound like things are going Doug's way are the creditor committee seemed responsive (they will get more money this way because if someone else wants to buy American the only way to get DOJ approval is to sell off large parts or face a myriad of law suits for all the other airline not included in the transaction (possibly jeopardizing the position of exiting bankruptcy without DIP and if that happened it would almost be a certainty US would buy American).
First, don't ever take anything in the media as 100% gospel. Those articles are written by people with as little understanding of bankruptcy as of airlines in general, and are ofter just rephrasing of earlier articles (and we all know how the kid's game of telephone worked). I'd recommend reading all these recent articles as saying that US people may have talked to some people associated with some of the unsecured creditors and that some of those people may have been supportive at least to the point of saying "If you can get us a better return with a viable POR we'll listen." Take the thread title - AA is the only one that can present a POR to the UCC during the period of exclusivity plus I think either 30 or 60 days following that to sell it to the UCC. US cannot present a plan to the UCC during that time. One of the underpinnings of bankruptcy is the assumption that everyone's interests are better served if the company in bankruptcy is able to restructure successfully. Only if a successful restructuring becomes doubtful do other options - mergers, fragmentation, liquidation - come into play.
The problem Doug will have is financing. Since US stock is worth relatively little compared to what it was worth in the DL attempt, most of the offer will have to come from debt or equity financing. Buying a $24 billion or so a year company, even when it's in bankruptcy, won't be cheap. Throw in the extra cost in just employee expenses that an AA/US merger would result in for the US employees - AA is proposing that it's pilots will make more on the A320/321/737-8/9 than anything east operates including the 330. The end result - a US/AA merged company will have many of the same problems that AA had going into bankruptcy. So Doug is going to have a little problem convincing the unsecured creditors that 1 ) his plan will be more successful than a stand-alone AA and 2 ) give them a bigger return than anything that AA can come up with. And it's at that point that Doug runs into the problem of what US adds to AA, not what AA adds to US.
Jim