WorldTraveler
Corn Field
- Joined
- Dec 5, 2003
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§ 1113 of the US BK code which provides for the rejection of collective bargaining agreements is a contested process to be used INSIDE Of BK.... You cannot use 1113 BEFORE BK (like what AA did in 2003) and it isn't a prepackaged BK if you have a number of major "loose-ends" of the reorg plan unfinished when filing.
AA's reorg plan completely depends on cuts from AA employees in order to turn the company around; they cannot predict what those costs will be without having new contracts in hand and the debtor cannot reject those contracts before they get to BK.
The 1113 process is relatively fast but it is not an overnight process and labor does have a chance to defend itself.
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The whole notion of AMR filing a pre-packaged BK is rather far-fetched. It is HIGHLY UNLIKELY that AMR could reach agreement w/ ALL of its creditors prior to a BK filing...
besides the majority of AMR's debt is secured debt which means they might be able to restructure it by pushing back the payment schedule (which they are able to and are doing now) but they aren't going to reduce the total level of debt.
It is also possible that AA's airport leases could be a major source of friction in BK... I would bet that AA still is paying lease payments on a number of pre-TW assets including at MCI and STL... those airports will expect to be compensated via claims in the reorg'd company for the unfulfilled parts of the leases AA probably wants to reject. LAX has been an issue for every airline BK and I expect they will be for AA as well if they file. I also wouldn't be surprised if AMR tries to modify aspects of its JFK facilities which could also get messy. And then you have the whole question of AA's maintenance facilities around the country.
The notion of a company the size of AA which must make pretty dramatic changes in its business model and obtain the savings from the changes it has already made make it very doubtful that AA can file a pre-packaged BK. Only if someone came in and rejected w/ agreement parts of AMR's current business which could be agreed upon and then took over the rest of the company (as AA did w/ TW) is it reasonable to think that a pre-packaged BK could be used.
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Others know more on the labor side, esp. w/ respect to Section 1113.
As for the USPS, what better time than for AA to walk away from revenue so they can show the judge how their revenue has fallen off and thus what they need from their employees to cover the losses. Also explains why AA is now hypercompetitive w/ low fare carriers in AA's key revenue markets... whether it stops LFC encroachment or not remains to be seen but at least AA can argue about the new revenue environment it faces... even though NO ONE can make money at $99 fares from DFW to the west coast or ORD to TX or BOS and those fares won't last any longer than it takes for those carriers to inflict damage on AA .
AA's reorg plan completely depends on cuts from AA employees in order to turn the company around; they cannot predict what those costs will be without having new contracts in hand and the debtor cannot reject those contracts before they get to BK.
The 1113 process is relatively fast but it is not an overnight process and labor does have a chance to defend itself.
.
The whole notion of AMR filing a pre-packaged BK is rather far-fetched. It is HIGHLY UNLIKELY that AMR could reach agreement w/ ALL of its creditors prior to a BK filing...
besides the majority of AMR's debt is secured debt which means they might be able to restructure it by pushing back the payment schedule (which they are able to and are doing now) but they aren't going to reduce the total level of debt.
It is also possible that AA's airport leases could be a major source of friction in BK... I would bet that AA still is paying lease payments on a number of pre-TW assets including at MCI and STL... those airports will expect to be compensated via claims in the reorg'd company for the unfulfilled parts of the leases AA probably wants to reject. LAX has been an issue for every airline BK and I expect they will be for AA as well if they file. I also wouldn't be surprised if AMR tries to modify aspects of its JFK facilities which could also get messy. And then you have the whole question of AA's maintenance facilities around the country.
The notion of a company the size of AA which must make pretty dramatic changes in its business model and obtain the savings from the changes it has already made make it very doubtful that AA can file a pre-packaged BK. Only if someone came in and rejected w/ agreement parts of AMR's current business which could be agreed upon and then took over the rest of the company (as AA did w/ TW) is it reasonable to think that a pre-packaged BK could be used.
.
Others know more on the labor side, esp. w/ respect to Section 1113.
As for the USPS, what better time than for AA to walk away from revenue so they can show the judge how their revenue has fallen off and thus what they need from their employees to cover the losses. Also explains why AA is now hypercompetitive w/ low fare carriers in AA's key revenue markets... whether it stops LFC encroachment or not remains to be seen but at least AA can argue about the new revenue environment it faces... even though NO ONE can make money at $99 fares from DFW to the west coast or ORD to TX or BOS and those fares won't last any longer than it takes for those carriers to inflict damage on AA .