2015 Pilot Discussion.
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Actually, America West was always the lowest paying airline. When ALPA came up that terrible LOA, I bid the 767 and then the 330. You forget that we were the airline with the wide bodies. We also had the retirement and the 401k. AWA pilots lost all of their mandatory stock purchases of AWA stock of 20% in their first year pay plus 10% every year in their prolonged BK. No retirement. Even if you had taken out a loan for your stock purchase from AWA, you had to pay back the loan after the value was worthless.nic4us said:
No, over the years, we made out fine. ALPA was a weak union which was always more concerned about protecting their 4 day workweek and generous retirement plan than standing up for their members. We received a glossy magazine but the subscription cost was enormous. I am APA now. They still make mistakes, but they are no ALPA.
snapthis
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I have news for you Luv, make sure it's in a very safe place. Be careful how our money is spent...
Counsel,
The Ninth Circuit Court of appeals included in its opinion dated June 26 a remand for the
District Court to address the West Pilots’ claim for attorneys’ fees, which was based on the
common benefit doctrine. Consequently, the West Pilots are currently creditors of USAPA, and will
seek reimbursement for their attorneys’ fees and costs immediately upon issuance of the mandate.
Even before the Ninth Circuit issued its opinion, USAPA and its officers and directors have
acknowledged numerous times in publications to USAPA members that prior to being able to
distribute excess treasury funds at dissolution to members on a pro rata basis, USAPA needs to
reserve funds for USAPA’s heretofore potential liability for the West Pilots’ attorneys’ fees and
costs in the Addington litigation in its various iterations. USAPA and its officers and directors have
also made avowals to the court in North Carolina to this effect. This is consistent with USAPA’s
Constitution and Bylaws, Article I, Section 3(A)(“All assets shall be liquidated, less any
indebtedness…) USAPA and its officers and directors are on notice at this time that the potential
amount of USAPA’s indebtedness for the West Pilots attorneys’ fees and costs sought under the
common benefit doctrine is at least approximately $4+ million. Based upon the Ninth Circuit’s
conclusion confirming that USAPA has acted only on behalf of East Pilots, USAPA should reserve
the $4 million out of East Pilots’ share of whatever treasury funds will be distributed, and not out of
the West Pilots’ share.
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 . . . .
Under this definition any transfer of an interest in property is a transfer, including a transfer of
possession, custody or control even if there is no transfer of title, because possession, custody,
and control are interests in property. A deposit in a bank account or similar account is a transfer.”
In re Pulliam, 279 B.R. 916, 920 (Bankr. M.D. Ga. 2002) (quoting S.Rep. No. 95-989, 95th Cong.
2d Sess. 27 (1978), U.S. Code Cong. & Admin. News 1978, pp. 5787, 5813) (emphasis added).
To conclude, to the extent that USAPA intends to dissolve at this time and begins the
distribution of its treasury funds to members, it must first reserve at least $4 million out of the East
distribution of its treasury funds to members, it must first reserve at least $4 million out of the East
Pilots’ share as indebtedness to the West Pilots for attorneys’ fees and costs.
Counsel,
The Ninth Circuit Court of appeals included in its opinion dated June 26 a remand for the
District Court to address the West Pilots’ claim for attorneys’ fees, which was based on the
common benefit doctrine. Consequently, the West Pilots are currently creditors of USAPA, and will
seek reimbursement for their attorneys’ fees and costs immediately upon issuance of the mandate.
Even before the Ninth Circuit issued its opinion, USAPA and its officers and directors have
acknowledged numerous times in publications to USAPA members that prior to being able to
distribute excess treasury funds at dissolution to members on a pro rata basis, USAPA needs to
reserve funds for USAPA’s heretofore potential liability for the West Pilots’ attorneys’ fees and
costs in the Addington litigation in its various iterations. USAPA and its officers and directors have
also made avowals to the court in North Carolina to this effect. This is consistent with USAPA’s
Constitution and Bylaws, Article I, Section 3(A)(“All assets shall be liquidated, less any
indebtedness…) USAPA and its officers and directors are on notice at this time that the potential
amount of USAPA’s indebtedness for the West Pilots attorneys’ fees and costs sought under the
common benefit doctrine is at least approximately $4+ million. Based upon the Ninth Circuit’s
conclusion confirming that USAPA has acted only on behalf of East Pilots, USAPA should reserve
the $4 million out of East Pilots’ share of whatever treasury funds will be distributed, and not out of
the West Pilots’ share.
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 . . . .
Under this definition any transfer of an interest in property is a transfer, including a transfer of
possession, custody or control even if there is no transfer of title, because possession, custody,
and control are interests in property. A deposit in a bank account or similar account is a transfer.”
In re Pulliam, 279 B.R. 916, 920 (Bankr. M.D. Ga. 2002) (quoting S.Rep. No. 95-989, 95th Cong.
2d Sess. 27 (1978), U.S. Code Cong. & Admin. News 1978, pp. 5787, 5813) (emphasis added).
To conclude, to the extent that USAPA intends to dissolve at this time and begins the
distribution of its treasury funds to members, it must first reserve at least $4 million out of the East
distribution of its treasury funds to members, it must first reserve at least $4 million out of the East
Pilots’ share as indebtedness to the West Pilots for attorneys’ fees and costs.
cactusboy53
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I think the names you were looking for were RAY & CRIMI (Just to name 2). Sorry buddy, but if you live in a GLASS house, you really shouldn't throw ROCKS. Big SMILES, my friend. The end is VERY near.luvthe9 said:
luvthe9
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EastCheats
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Metroyet
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He said your fake Union was guilty of an illegal job action and slammed you with an injunction that still lives to this very day....unless you think you'll just change your name and try being "on board" again. I hope you all do that actually.luvthe9 said:
Metroyet said:
That's tellin' 'em all, little princess! Properly inspired by this latest, well...Heck folks; I say it's time for yet another rousing round of applause for the shoe-sole-licking/knee-pad-wearing "spartan" worshippers of all things management! Look here folks!...An injunction against not only the evil east but themselves as well!...What possible reason(s) could there ever be for not frantically flourishing pom poms for that! Sigh...An average colony of sea sponges would necessariily have to demonstrate a much higher aggregate intellect to simply even survive. 😉
cactusboy53 said:
Or what punk? "You'se" will otherwise just continue to mincingly prance about with some "liberty" tie to both impress and fully intimidate me? Dazzle all with yet more "heroic" notions from some "varsity letter jacket"? Maybe even post yet another mighty "This is Sparta!"...? 🙂 Wager's always open kid....Grow Up. and thanks once again for the always dependable laughs. 🙂
Monkee said:
Nice try kid, but I didn't at all invent nor ever construct "you'se" as the sad little jokes so many of you are, so "Lords and Ladies"; don't blame me for any/all personal discomfort suffered from your delusional condition(s). 😉
https://www.youtube.com/watch?v=YT8H9smpK3U
Monkee said:
"and challenging the 10 year old kids on his block."...? An especially interesting (and perhaps most appropriate) observation that, since the only ones ever challenged here have always been/are your ilk. 😉
No worries kid. Just put in yet another call to "Dr. Phil" and perhaps you'll be able to feel better about yourself afterwards....
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