Re: NYTimes.com Article: United Delays Its Emergence From Chapter 11 Until Ne...

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Not necessarily true. Most bankruptcy laws protect firms liked United
Airlines from creditors from taking normal recourse for unpaid debts at
the time of filing. (Hence the term "court-protection".) This means
leasing companies can't repossess planes.

BUT, to receive that protection, the court must be convinced that the
firm has a good chance of exiting bankruptcy before being granted such
protection. This usually means that the firm must file regular updates
with the court, and usually a reorganization plan within a reasonable
time.

The way it works with most large firms, like GECAS, ILFC, especially in
a climate like this, is that taking a loss any outstanding bills at the
time of bankruptcy protection filing is worth it in order to maintain
ongoing business with the firm.

Leasing payments, fuel bills etc incurred after bankruptcy filing are
usually paid, though quickly negotiated  to lower rates (commonly
retroactively in the case of plane leases.) United can make more money
for GECAS than GECAS can.

By law, employees are required to be paid.

This requires significant cooperation from the creditors. But there
sometimes reaches a point where the creditors believe the firm is worth
more dead than alive. I believe Air Canada's creditors are reaching
that point and will soon ask the court to liquidate the airline. (In
the US, it's called a Chapter 7 proceeding.)

Matthew

On Monday, September 1, 2003, at 09:29  PM, Alireza Alivandivafa wrote:

> They will try anything to avoid paying their bills

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