EastCheats
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- Mar 12, 2012
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Hey Clax, here's a clue. The legal analysis of tonight's revival in Philly is:
https://m.youtube.com/watch?v=2letGPIXKi8
https://m.youtube.com/watch?v=2letGPIXKi8
You as well, Happy 4thMUTATIS MUTANDIS said:have a happy 4th, with NIC, TOM , or whoever me also at some venue of choice but thank you for 500+ retirements on our list before this situation gets sorted out!
The Bybee decision has spun out of control for the west. Only the west will advocate for the Nic. Arbitrator Eischen has recently discussed the Nic in the UAL-CO merger as a problem. The Nic is a problem for LAA. Only the west pilots will consider the Nic. The dance party has screeched to a halt. west pilots beginning to realize it is them, and them alone pushing what the rest of the world views as absurd, as well as flawed position.MUTATIS MUTANDIS said:knock yourself out, you have just solidified seperate ops for at least 3 years, the APA and the company under MC BOND is liable for this mess BYBEE created, tortured by the law, is a great read, google it, funny this is not a slam dunk, you have just solidified seperate ops for at least 2 years , for that we thank you !
Spin this, the east pilots must be included. The Koontz brothers are entirely off base. A lengthy drawn out battle and very lucrative monetary award will come to the east pilots from your new union. Long live the APA!snapthis said:You as well, Happy 4th
The Board Lacks Authority to Order APA to Engage in Best Efforts to Name an East Merger Committee, and it Would Also be Imprudent to do so
As to the first issue, the West Committee believes that the correct answer is ―No.‖ As a threshold matter, the last communication from USAPA indicated that the USAPA Merger Committees withdrawal was not an authorized action and that USAPA still ―may wish to participate‖ in this SLI proceeding. If USAPA has reserved a right to participate, then there is plainly no reason for the creation of an additional East Merger Committee. But even were the withdrawal of the USAPA Merger Committee found to be effective, the Board should answer ―No‖ to this first question for two, equally significant reasons. First, the Board is without authority under the Protocol Agreement or the McCaskill-Bond Act to direct APA to engage in best efforts to name an East Merger Committee. And, second, the prudent course of action, even if it had authority, is to proceed with the remaining parties that are contemplated within the Protocol Agreement.
Nice try Spinthis. This is merely standard court protocol to provide reserves in any court case concerning monies. To infer this is a west win, is SPIN.snapthis said:Chew on this with your morning coffee Claxon:
To the extent that USAPA intends to quickly dissolve and begin to disburse its treasury
funds, USAPA and its officers and directors must reserve at least $4 million as potential liability to
the West Pilots for attorneys’ fees and costs, out of the East Pilots’ share. Should the officers and
directors of USAPA authorize USAPA to distribute all of its funds without appropriately accounting
for and reserving this amount, the officers and directors, and any attorneys who counsel them to
do so, may be personally jointly and severally liable for fraudulent transfers. This is true under
North Carolina law (Uniform Fraudulent Transfer Act , N.C. Gen. Stat. § 39-23.4, et seq) even
though the debt is not yet reduced to a judgment. See, e.g., Kirkhart v. Saieed, 107 N.C.App. 293,
294, 419 S.E.2d 580 (1992) (holding that a creditor is entitled to protection from fraudulent
transfers even though a debtor transfers the assets prior to the creditor obtaining judgment against
the debtor). Because USAPA and its officers and directors are on notice that the West Pilots’
claim for fees based on the common benefit doctrine is imminent on issuance of the mandate, if
USAPA fails to properly reserve the funds and, instead, depletes its treasury rendering it insolvent
and unable to pay the debt owed to the West Pilots, USAPA, its officers and directors, and lawyers
who counseled them to do so will be held liable for fraudulent transfers.
The US Bankruptcy code provisions regarding fraudulent transfers, in an action brought
under the NC Uniform Fraudulent Transfer Act, have been applied to simple transfers of money
into bank accounts. See, e.g., In re Jenkins, Case No. 12-50413, Adversary Proceeding No. 12-
5033, United States Bankruptcy Court, W.D. North Carolina, Charlotte Division (December 12,
2012):
“A transfer is a disposition of an interest in property. The definition is as broad as possible
Claxon said:Nice try Spinthis. This is merely standard court protocol to provide reserves in any court case concerning monies. To infer this is a west win, is SPIN.
Where is your INJUNCTION? That was the entire thrust of your case.snapthis said:Well, I guess you don't have to worry about that case in NC that was not dismissed do you? Just don't tell your folks the whole story with those updates so they think that things going along just fine until reality bites.
These things take time grasshopper.Claxon said:Where is your INJUNCTION? That was the entire thrust of your case.
You mention standard reserves that is simply court procedure as victory.
Bottom line- you sought injunction, you did not get it. SPINTHAT!
snapthis said:........ the West Committee believes that ......
Do Liberty Ties have a redemption value, like glass coke bottles in a California ditch? $0.10..Claxon said:The west pilots are so confident, I feel it is prudent for them to announce no more contributions to the army of lyingitas. They in addition to this, should announce some kind of policy for refunds in the future to their constituents, to go along with their new self assurance in the current proceedings.
Snap, your thoughts please sir?