NYTimes.com Article: United Delays Yet Again Timetable on Chapter 11

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United Delays Yet Again Timetable on Chapter 11

March 18, 2004
 By MICHELINE MAYNARD





United Airlines will once again push back its target date
for emerging from bankruptcy, as a government board
considers asking the company to trim its request for $1.6
billion in federally backed loans, people close to the
company said yesterday.

The airline, which lost $2.8 billion in 2003 despite a deep
round of cost-cutting and labor contract concessions, has
yet to clear a series of hurdles, including securing loan
guarantees, that are blocking its emergence from bankruptcy
protection.

That is why United, which has already revised its
bankruptcy timetable twice, plans to outline yet another
timetable for Judge Eugene C. Wedoff of United States
Bankruptcy Court at a hearing in Chicago tomorrow. United,
which had most recently estimated that it would emerge from
bankruptcy protection by June 30, now does not expect to
until later in the summer at the earliest, according to
people who have been briefed on its plans.

A spokesman for United declined to comment.

Not long
after filing for bankruptcy protection in December 2002,
United, the second-largest airline behind American, said it
might emerge as early as December 2003. But it subsequently
pushed the date back to this June.

United, which has identified savings of $5 billion through
next year, including $2.56 billion in annual wage and
benefit cuts, has the exclusive right to file a
reorganization plan through April 8. After that, United's
creditors, its unions or outside investors could have the
opportunity to file their own plans for reorganizing the
airline.

Tomorrow, it is expected to ask Judge Wedoff to retain that
right for an additional 30 to 60 days, people told about
United's thinking said. But even once a plan is filed, a
bankruptcy court generally needs two to four more months to
conduct hearings and settle claims.

Under even the quickest sequence of events, United, a unit
of UAL, would not emerge from bankruptcy until sometime in
July, assuming it filed a plan by May 8 and the court
required only two months to consider it. If United waited
until June 8 to file, then spent four months in hearings,
the airline would not emerge until October.

In any case, United's overhaul plan hinges on approval from
the Air Transportation Stabilization Board, which faces no
deadline for dealing with the airline's reapplication.

The board, which oversees the federal loan program for
airlines, rejected United's original application in
December 2002 for $1.8 billion in loan guarantees, and the
company responded to that decision by filing for Chapter 11
bankruptcy protection. When it reapplied last December,
United scaled back its request to $1.6 billion, saying it
planned to raise $400 million in outside financing.

United has already found lenders to provide a total of $2
billion in exit financing, the bulk of that contingent on
the loan guarantee package.

Now, the loan board is considering asking United to seek
about $100 million less, or around $1.5 billion, and turn
to private lenders for $500 million, people close to the
discussions said. The board has not yet made such a request
formally, they said.

Representatives of J. P. Morgan Chase and Citigroup met
yesterday with the board's staff to review the application
- the first time United's bankers and the government had
met to discuss United's second attempt to get federal
loans. Previous meetings had been between United officials
and the board's staff.

The loan board, which was constituted after the September
2001 attacks to oversee $10 billion in assistance to the
airline industry, requires airlines to exhaust every avenue
of financing before seeking federal loans. By suggesting
that United reduce its request, the board would be
signaling that it believed that United had elsewhere to
turn, industry experts said.

Last Friday, the board agreed to revise the covenants of
$900 million in guarantees to another carrier, US Airways.
That airline emerged from bankruptcy in 2002 only to be hit
by stiffer competition from low-fare competitors than it
had expected.

The loan board's action spared US Airways from being in
default on the covenants of its loans. But the board set
stricter requirements for US Airways, including a
stipulation that it must be profitable in 2005. The airline
has not earned a profit since 1999.

Before the loan board can rule in the United case, United
must also resolve a dispute with Atlantic Coast Airways,
which has a contract to operate as its regional carrier.
Atlantic Coast operates from United's hubs in Chicago and
Washington, doing business as United Express.

Tomorrow, Judge Wedoff is to consider a motion by A.C.A. to
require United to give it 90 days' advance notice of its
intent to sever the operating agreement. The request, which
came to light yesterday, is the second time Atlantic Coast
has asked for advance notice. Judge Wedoff rejected a
similar move early in United's bankruptcy proceedings.

The latest effort comes as A.C.A. is preparing to roll out
Independence Air, a low-fare competitor that would operate
from Washington Dulles, where United also plans to operate
flights for its own low-fare airline, Ted.

A.C.A. can introduce Independence Air while still aligned
with United, but it cannot expand the airline without
getting access to gates and other facilities now used by
the United Express flights. United has been lining up other
regional carriers to take over A.C.A.'s responsibilities,
like Air Wisconsin, Chatauqua Airlines and Republic
Airlines.

In court documents, A.C.A. contended that United was using
bankruptcy protection as a tool to stall the rollout of
Independence Air. "What we're asking for is reasonable
notice, so that the timing wouldn't be known only by them
and not by us," said Rick Delisi, an Atlantic Coast
spokesman.

Atlantic Coast's move was supported by the Transportation
Department, which said the 90-day notice would benefit
consumers by letting them know which airline would be
handling their flights. But United officials, who opposed
Atlantic Coast's previous motion, have filed a motion
opposing the new one.

http://www.nytimes.com/2004/03/18/business/18united.html?ex=1080620235&ei=1&en=3c934d6d5fdb2670


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