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Old 01-12-2010 | 08:52 AM
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winglet
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Originally Posted by Theonemarine
I was reading some of the earlier posts winglet and I'm DEFINATELY no lawyer and know that you're not either but you seem to be grasping the jist of most of this stuff, does that above quote from the BK laws prevent CX of the contract PERIOD, or just while MESA is under the protection of CH11? i.e. Can Delta potentially CX the contract after Mesa emerges? Thx.
Theonemarine,

If I was a lawyer I wouldn't be spending my time on an airline pilot forum talking about Mesa's bankruptcy .

To answer your question, I understand these statutes to mean that cancellation of the contracts is unenforceable period. United and USAirways would then be free to try and do whatever they want after the bankruptcy reorganization but that would be handled via the district courts.

Remember, Delta already tried to get out of their contract and they got slapped with an injunction and a pending $70 million lawsuit, so I imagine it would get expensive for USAirways and United to cancel their contract early as well. They probably would rather just let the contracts run their course and not renew.

I think the reason Mesa management held off declaring bankruptcy so long was that they were attempting to renegotiate with their creditors out of court and didn't want to risk losing their corporate positions.

It is important to remember this fact: If Mesa can restructure without the lease payments on the parked aircraft then Mesa is a viable company (financially sustainable). This is the only thing the bankruptcy judge looks at under reorganization.

By the way, if this reorganization results in a management change I believe that the code-share partners may possibly even be inclined to extend the contracts. I am a creditor and this is my reorganization plan, ha!

winglet

Last edited by winglet; 01-12-2010 at 09:06 AM.
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