NYTimes.com Article: US Airways to Be Test of Bankruptcy Role

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US Airways to Be Test of Bankruptcy Role

August 13, 2002
By STEPHEN LABATON






WASHINGTON, Aug. 12 - Until this week, the government board
overseeing the bailout of the airline industry had acted
like a bankruptcy court in miniature, requiring all
applicants for financial aid to cut costs and wring major
concessions from unions.

Now, with the Chapter 11 filing of US Airways, which had
applied for a $900 million loan guarantee to secure a $1
billion loan, the board takes on a new role as a potential
financier of companies actually arising from bankruptcy.

In recent weeks, some aviation experts and bankruptcy
consultants had privately urged the Air Transportation
Stabilization Board, the government organization overseeing
the bailout, at least to signal its approval of the
bankruptcy filing in advance. They had noted that a Chapter
11 filing would make US Airways financially stronger and
thus more capable of avoiding taxpayer losses.

But a top official said today that the government did
nothing to encourage the bankruptcy filing.

"The board did not play and would not play a role that
would encourage a company to file for reorganization
protection," Daniel Montgomery, the executive director of
the board, said. "It is not the board's position to
encourage a bankruptcy." However, he stressed that federal
regulations explicitly permitted the board to provide
financial assistance to companies arising from bankruptcy.

Still, the airline, the nation's sixth largest, was
careful to notify the board beforehand that it would seek
bankruptcy protection. And within hours of the carrier's
bankruptcy filing on Sunday, the board issued a statement
saying that its decision last month to grant conditional
approval of the loan guarantee remained in effect.

Mr. Montgomery said that the board would consider granting
the loan guarantee as part of "exit financing" from the
bankruptcy proceeding - after the company presents a
business plan to the court and its creditors, a process
that will take many months. The board apparently decided
not to take a formal position on bankruptcy because the
Chapter 11 filing threatens to result in huge layoffs, as
well as wipe out the investments of investors and some debt
holders. The board has adopted a neutral approach toward
bankruptcies.

But by offering the possibility of financial assistance
after bankruptcy, the board could nonetheless be perceived
as playing a vital role in the bankruptcy process that
defines clear winners and losers. The potential winners
include lenders like the Texas Pacific Group, which will be
providing a new round of financing in exchange for a large
interest in the company. The losers include the carrier's
shareholders and its unions, which will now be forced to
take another round of large cuts in pay and personnel.

While it is unusual for the government to play a
significant role in most bankruptcy cases, experts said
that it was well within the government's authority to play
the role it will in this case - agreeing to the plan that
comes out of the bankruptcy proceeding - because the
board's main interest is in restoring the industry to
financial health. Like the costly bailout of the savings
and loan industry more than a decade ago, they say, when
taxpayers are on the hook it is reasonable from a policy
perspective to take necessary steps to minimize losses.

"If the board thinks that Chapter 11 or a particular kind
of restructuring most adequately assures them that the loan
will be repaid, then it is legitimate," said John Heimlich,
director of economic and market research for the Air
Transport Association, the airline industry's trade group.
"This is a unique governmental body. No one debated that it
was given broad discretion from the outset."

From the day it was created over the objections of the Bush
administration, the stabilization board has struggled to
identify and complete its delicate mission. It is supposed
to help companies crippled by the decline in travel after
the Sept. 11 attacks without giving aid to companies that
have no chance of survival, that can find money elsewhere
or that were struggling long before the attacks. But it has
faced Congressional efforts to cut back its $10 billion
program and intensive lobbying from some of the industry's
healthier airlines that have sought to block loan
guarantees to others and have argued that they could be
hurt as their rivals are helped.


The board is headed by Edward M. Gramlich, a governor at
the Federal Reserve, and is made up of Treasury Under
Secretary Peter R. Fisher and Kirk Van Tine, general
counsel of the Transportation Department. David M. Walker,
the comptroller general, is a nonvoting member.


One previous applicant, America West, has successfully
completed the application process, winning $380 million in
loan guarantees for a $429 million loan. The board has
denied applications from Vanguard Airlines and Frontier
Flying Service.


Now, as a possible financier for carriers that have already
gone through a formal Chapter 11 proceeding, officials say
the Air Transportation Stabilization Board is hoping to
better protect taxpayers from losses while it assists the
industry. This lesson cannot be lost on United Airlines,
the nation's second-largest carrier, which is also
considering seeking the shelter of a Federal bankruptcy
court and has applied for a $1.8 billion guarantee for $2
billion in loans. But the effort of providing assistance
after a bankruptcy filing may further discourage
consolidation in an industry widely viewed as suffering
from overcapacity.


"Obviously, there is too much capacity in the industry,"
said Steven A. Morrison, an economics professor at
Northeastern University who has written about the industry.
"These bailouts may help to continue that and bring down
other carriers or cause financial stress for otherwise
healthy companies. So right now, we have each carrier
cutting back 10 percent but maybe what you need is some
carriers cutting back 100 percent."


Professor Morrison, while generally praising what he called
the board's judicious decisions to grant some loan
guarantees and deny others, questioned whether the
government would be able to provide financing for a company
with the same level of competence as the private sector.


"They just don't have the expertise," he said.


http://www.nytimes.com/2002/08/13/business/13BAIL.html?ex=1030244366&ei=1&en=be332e046ff7c498



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