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

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Why do you feel that Air Canada's creditors are reaching the breaking point
Matthew?

Mark

Quoting Matthew Montano <mmontano@xxxxxxxxx>:

> 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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