Us Airways Granted Court Approval Of

USA320Pilot

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The Company filed its Chapter 11 petitions in the U.S. Bankruptcy Court for the Eastern District of Virginia in Alexandria. The Honorable Stephen Mitchell has been assigned to the case. A hearing on the Company's first day motions has been scheduled before Judge Mitchell at 10:30 a.m. on Sept. 13 in Courtroom #1 at the Martin V. B. Bostetter, Jr. United States Courthouse in Alexandria. The case number is 04-13819.

USA320Pilot comments: Judge Mitchell was assigned to the company's first formal reorganization and ruled in favor of the Company on virtually every motion.

Respectfully,

USA320Pilot
 
Well he may see what good that did the first time and may open his eyes this time around. Another "flawed " business plan maybe? But on the other hand you may be correct...he could be on the company's payroll. Another one of those mystery persons who has the luxury of SP First Class travel!!! :ph34r:
 
Opens a pandora's box for the industry if Mitchell abrogates labor contracts. Brings back the "good ol'" days of Lorenzo, et al. Don't like your labor contract . . . heck, declare BK and get a Republican judge to put the wood to your workers.
 
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I simply report facts and if I offer an opinion, then I say "I believe" or "In my opinion."

Regards,

USA320Pilot
 
Looks like A320s bottom line negotiating position is . . . . "at will" employee taking whatever Lakefield is willing doal out.

I'd say that's industry leading thinking there.
 
All of the ALPA advisors said that a negotiated settlement would be better than what would be handed down by the judge. The truth of those beliefs will be shown shortly as from what I can tell, labor will be the primary focus of the restructuring. Nothing new here, but it will be interesting to say the least to watch how things unfold. Remember, it was this judge's ruling that basically forced the termination of the pilot's DB retirement plan as a condition of exiting bankruptsy.


A320 Driver
 
Winglet said:
Opens a pandora's box for the industry if Mitchell abrogates labor contracts. Brings back the "good ol'" days of Lorenzo, et al. Don't like your labor contract . . . heck, declare BK and get a Republican judge to put the wood to your workers.
[post="179240"][/post]​

This kind of actions could cause the impetus needed to create a "revolution" of the middle class workers, who may need to uprise against oppression.

I suspect those who are in these courts fighting will create the necessary mometum to change labor laws.
 
A320 Driver said:
All of the ALPA advisors said that a negotiated settlement would be better than what would be handed down by the judge. The truth of those beliefs will be shown shortly as from what I can tell, labor will be the primary focus of the restructuring. Nothing new here, but it will be interesting to say the least to watch how things unfold. Remember, it was this judge's ruling that basically forced the termination of the pilot's DB retirement plan as a condition of exiting bankruptsy.
A320 Driver
[post="179325"][/post]​

Whatever a judge does with regard to our contracts is temporary. The labor groups will have to continue negotiations as did United. If all else fails, when we emerge from BK, and IF we emerge from BK, we will be able to negotiate new agreements, and whatever ensues after that.

Again, these opinions are all speculations...from everyone on this board.
 
Some of today's motions:

Application for an Order Authorizing the Employment and Retention of
O’Melveny & Myers LLP as Special Labor, Regulatory, Antitrust and
Litigation Counsel (Interim Order)

Motions re: Employee Matters and Procedures
34. Motion To (I) Authorize The Debtors To Pay Prepetition Wages, Salaries
And Benefits, (II) Authorize The Debtors To Continue Employee Benefit
Programs In The Ordinary Course Of Business And (III) Direct All Banks To
Honor Prepetition Checks For Payment Of Prepetition Wage, Salary, And
Benefit Obligations

35. Motion for an Order Under 11 U.S.C. § 1113(d)(3) for Protective Order in
Connection with Dissemination of Confidential Information with Unions

36. Motion Pursuant to 11 U.S.C. § 1114© and (d) to Establish Procedures for
Solicitation, nomination and Appointment of a Committee of Retired
Employees

Real Estate
31. Motion to Authorize the Rejection of Certain Unexpired Real Property
Leases and Establishing Procedures Relating Thereto Pursuant to 11
U.S.C. §§ 105(A) And 365(A)

Aircraft
32. Motion to Authorize the Debtors to Reject Certain Aircraft and Engine
Leases Pursuant to 11 U.S.C. §365
 
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As I said a few months ago with my warning, this bankruptcy is pre-packaged, does not require DIP financing, has the approval of the ATSB, and is principally placing labor in the "cross hairs", although there are certain aircraft and facility leases the company would like to reject.

The whole process could take about 120-days and yesterday the company said it would file its disclosure statement and plan of reorganization (POR) by the end of the year. Unlike United the POR is in place and only the final numbers need to be entered into the equation, e.g. labor cuts, facility cuts, lease cuts, etc.

For example, the Facilities Department can now reject airport gates it no longer desires like in BUF, where the company pays for 6 gates and uses only 2.

Judge Mitchell granted almost 100% of the company's motions and Arnold & Porter is a high powered Washington law firm and I expect the court to support the company again.

Finally, I now understand the company has potential exit financiers interested in investing in the company and it would not surprise me that RSA maintains control and then gets 51% control of the equity, which could lead to the company becoming a privately held business enterprise.

Respectfully,

USA320Pilot
 
Please show the board in any US Airways Press release or bankruptcy documents where it is pre-packaged.

A pre-packaged filing has a POR done at the time of the intitial filing.

The company has said in public documents which are governed by SEC regulations there is no time frame on emerging from bankruptcy.

Once again you are posting things that are not the truth.
 
Correct me if I am wrong...but is not Judge Mitchell who told the company during the last BK to get the concessions from the employees instead of him opening up the contracts????
 

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