BoeingBoy said:
Rico,
But as I understand it, the judge does not just throw out the contract. In layman's language that I can understand, the judge can enforce contract terms that the company convinces him are necessary (after going thru a process).
In short, I'm optimistic that the company won't be able to waltz into BK court and walk out with the mainline contract vaporized and replaced with the MDA contract.
Jim
[post="176972"][/post]
The judge's responsibility in BK is to
protect the interests of the creditors--including making sure that the company does not hide or convert fungible assets, but also making sure that the smaller creditors receive the same protection as the larger creditors. It's more complicated than that, but that's the Cliff's Notes version.
As far as the labor contracts unfortunately, what happens in BK
is vaporization of labor contracts. The judge
enforces nothing, nor does he impose contract terms of any sort. If the company convinces the judge that it is
in the best interest of the creditors to abrogate (nullify) one or all labor contracts, that's what he will do. The company is then free to implement
whatever pay rates and work rules they want. That's why the unions then can elect to avail themselves of self-help. I think that someone else posted correctly on one of the threads that having an agreement
prior to bankrupcty eliminates self-help as an option for a labor group because with an agreement, the company would probably not ask for abrogation of that group(s) contract.
Rico said:
A.) They can make more $$$ turning this "sow's ear into a purse", or
B.) They can make more selling parts to the highest bidder.
[post="176986"][/post]
If you were a major creditor of US Airways--particularly one of the creditors whose loan is guaranteed by the ATSB, you would have to ask yourself whether you want to pick...
A.)--which is a crap shoot, another roll of the dice. US Airways was given more than one chance to do this and has failed (I'm not talking about just the 1st bankruptcy and the aftermath). I agree that this is a management failure. From what I have seen, the employees have given and worked, and given and worked. All to no avail. As a creditor, what's your motivation to believe management's promises to "do better next time."
B.) As close to a sure thing as there can be in this world. Some brand new, desirable a/c; landing slots to die for (LGA, DCA) which I understand are pledged as collateral on the ATSB loans. Particularly, when there is someone (Sir Richard Branson)
who has a proven record as a successful airline operator sniffing around for an opportunity in the U.S.