#2 now, behind Korean, who is apparently dealing with a Typhoon at their hub today.
I don't see how a judge can "punish" the pilots any more than he already has. They don't have a contract any more, and work to FAR's. If he levies fines against the APA, it wouldn't surprise me to see them dissolve the union and just go free agent until things blow over. It's not like they can send the Sheriff over to every pilots house and lead them to work in handcuffs.
Whatever the cause, poor operational performance will force the hand of the creditors. What they decide to do remains to be seen, but I'd think a merger would provide more value than a fire sale.