My apology if I confused the information/message I was attempting to provide.
That was: Based on current and historical cases; The *judge* does not make labor contract changes.
The *judge* approves or denies motions. In the above motion, {1113(e)} by UAL Management and within the limitations noted above.
It is because of the expected "consequences" for the AA employees that I ask and encourage you to learn about the potential of an ESOP/EO IF/after AA files chapter 11. I have provided some information in the threads I started for "AA Employee information",
For support I refer you to the following web site;
http://law.vanderbilt.edu/lawreview/vol556/miller.pdf
(an excerpt from that site with **highlights noted in asterisks**)
Thanks for taking the time to read.
Bob H
==============
2006 VANDERBILT LAW REVIEW [Vol. 55:1987
IV. OBSTACLES TO SUCCESSFUL REORGANIZATION
A. Limitations on the Bankruptcy Court’s Power Under Chapter 11, the debtor and its creditors largely determine the extent and mode of a debtor’s reorganization.
**The Bankruptcy Code was designed to give the court a limited role.**
The Bankruptcy Reform Act of 1978 contemplated that the formulation of a plan of reorganization should be the result of negotiation among the parties holding the economic interests in the debtor. The bankruptcy judge was intended to determine cases and controversies—not to be involved in the administrative aspects of a Chapter 11 case.
**Thus, the court is not involved in the formulation of a plan of reorganization.**
Further, in prepackaged reorganizations, the bankruptcy court has little or no opportunity to influence the outcome of the case.
Although the Bankruptcy Code requires the court to assess the feasibility of a plan before it is confirmed,58 in many cases the court has only limited authority, ability, resources, and expertise to make such a determination.
**Bankruptcy judges must rely on the parties to produce proof and evidence of their contentions.**
Bankruptcy judges are not investment bankers and may not possess the financial expertise or the independent resources to determine plan feasibility. If the debtor and the creditors support a plan, and there is no objection to confirmation, it is unlikely that a bankruptcy judge will deny confirmation.
If the financial advisors for the debtor and the financial advisors for the creditors attest to a plan’s feasibility based upon complex financial models, and no one challenges the advisors’ conclusions,
****the court is all but incapable of mounting its own challenge.****
While the court may ask questions, it will not have had the opportunity to make, nor could it undertake, an independent analysis of the substantive provisions of a plan. In addition, the number of cases assigned to bankruptcy judges is a factor that precludes such a lengthy, independent analysis.59
------