US Airways trustee opposes plan on eve of hearing

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US Airways trustee opposes plan on eve of hearing

NEW YORK (Reuters) =97 A U.S. bankruptcy trustee objected Monday to U.S.=20
Airways' plan to emerge from Chapter 11, one day before a hearing on the=20
No. 7 U.S. airline's reorganization plan is slated to begin. The trustee=20
said in a court filing that U.S. Airways' plan to release current and=20
former executives, board members and lawyers from potential liability=20
arising from the bankruptcy would violate federal and state law. "Such=20
releases are not part of any global settlement or deal that benefits this=20
bankruptcy estate," trustee W. Clarkson McDow Jr. said in the filing with=20
the U.S. Bankruptcy Court in Alexandria, Va. "The releases stand starkly=20
alone in the Plan unsupported by any legal justification and there is no=20
indication that the releases are necessary to the Plan or fair," he said.=20
The bankruptcy court appoints the the trustee to represent the interests of=
=20
the bankruptcy estate and creditors. Other parties have also objected to=20
parts of US Airways' plan. A spokesman for the Arlington, Va-based airline,=
=20
David Castelveter, said: "We are working to resolve as many of these=20
objections as possible prior to Tuesday's hearing, but if not, we believe=20
we will prevail before the court." Anthony Sabino, an associate professor=20
of business at St. John's University in New York, said the objection might=
=20
complicate US Airways' plan to exit Chapter 11 this month. "Given the=20
circumstances in the world right now, that does not bode well for US=20
Airways' reorganization efforts," he said. "Any delay at this critical=20
point could prove very damaging." U.S. Airways, which sought bankruptcy=20
protection in August, wants to emerge by March 31, enabling it to obtain a=
=20
$900 million federal loan guarantee.

HEARING TO START TUESDAY

It is seeking approval from the federal Pension Benefit Guarantee Corp. to=
=20
replace its pilots' pension plan with a less costly one. It also wants a=20
new credit card processor. The airline industry's gloomy outlook is being=20
further clouded by a looming war with Iraq, which is depressing travel and=
=20
has helped send fuel prices soaring. Bill Rochelle, a partner at Fulbright=
=20
& Jaworski LLP, a law firm in New York, said the liability issue is the=20
kind a U.S. trustee might raise, but that the trustee's objection should=20
not derail U.S. Airways' exit from bankruptcy. "The trustee's job is to=20
protect the public, to see the law enforced," said Rochelle. "It should not=
=20
be a stumbling block. Bankruptcy judges will generally assist large=20
companies in emerging from Chapter 11 if they have complied with the law."=
=20
Among other parts of U.S. Airways' Chapter 11 plan that have drawn=20
opposition include whether former chief executives Rakesh Gangwal and=20
Stephen Wolf should receive payments of about $15 million each. A hearing=20
on the airline's reorganization is due to begin Tuesday morning before=20
Judge Stephen Mitchell in Alexandria. U.S. Airways shares closed Monday in=
=20
over-the-counter trading at 10.9 cents, down 1 cent.


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