From the Bankruptcy Court, including some Incredible Weirdness

curious

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Aug 20, 2002
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OK, so admittedly I am not up on legal gargon. Does this mean someone is "sueing or filing something" against Wolf & Co. & BOD as part of the BK? At least that is what I got out of it. If so, GO FOR IT![:bigsmile:]
 

Meriel

Member
Aug 19, 2002
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A few folks asked that I repost sites to the court handling the U case. Sooo... here they are.
U.S. Bankruptcy Court, Virginia, Eastern District:
US Courts
[Scot-For some reason while trying to edit a hyperlink, it combines both of these into one, so I will add the Docket hyperlink as a separate post in the following thread.]
Currently, we're up to 231 items on the docket. The most recent activity is from the IAM:
Filed August 26, 2002: Notice of Hearing (Related Document(s)230) filed by Donald F. King of Odin, Feldman & Pittleman on behalf of International Association of Machinists and Aerospace Workers, AFL-CIO. Hearing to be held on 9/5/2002 at 09:30 AM at Judge Mitchell's Courtroom, 200 South Washington Street, 2nd Floor, Courtroom I, Alexandria, VA (King, Donald)
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Of particular interest to the CWA folks:
Item 187 filed August 22:
Motion to Approve Conditional Application Pursuant to 11 U.S.C. Section 1113© for Relief from Collective Bargaining Agreements if Consensual Agreements Cannot be Reached filed by Douglas M. Foley of McGuireWoods LLP on behalf of US Airways Group, Inc.. (Attachments: # 1 Notice of Motion [Hearing Date: September 10, 2002 @ 10:30 a.m.; Objection Deadline: September 8, 2002 @ 4:00 p.m. E.D.T.]# 2 Proposed Order # 3 Memorandum of Points and Authorities in Support of Conditional Application Pursuant to 11 U.S.C. Section 1113© for Relief from Collective Bargaining Agreements if Consensual Agreements Cannot be Reached) (Foley, Douglas)
Supported by these:
Item #191 filed 8/22/02 -- Declaration of Jerrold Glass (Related Document(s)187) filed by Douglas M. Foley of McGuireWoods LLP on behalf of US Airways Group, Inc.. (Attachments: # 1 Exhibit(s) 1a# 2 Exhibit(s) 1b# 3 Exhibit(s) 1c# 4 Exhibit(s) 1d# 5 Exhibit(s) 2# 6 Exhibit(s) 3)(Foley, Douglas) (Wouldn't I just love to get my hands on THAT text!).
and
Item #193 filed 8/22/02 -- Declaration of E. Allen Hemenway Regarding Proposals to CWA Passenger Service Employees and to IAM Mechanical and Related Employees, Fleet Service Employees and Maintenance Training Specialists (Related Document(s)187) filed by Douglas M. Foley of McGuireWoods LLP on behalf of US Airways Group, Inc.. (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) 2a# 3 Exhibit(s) 2b# 4 Exhibit(s) 3a# 5 Exhibit(s) 3b# 6 Exhibit(s) 4a# 7 Exhibit(s) 4b# 8 Exhibit(s) 5# 9 Exhibit(s) 6# 10 Exhibit(s) 7a# 11 Exhibit(s) 7b# 12 Exhibit(s) 8)(Foley, Douglas)
and the infamous Item 213 filed on 8/23/02 actually requesting relief: Certificate of Service of Conditional Application Pursuant to 11 U.S.C. Section 1113© for Relief from Collective Bargaining Agreements if Consensual Agreements Cannot Be Reached; Notice of Application and Hearing Regarding US Airways' Conditional Application Pursuant to 11 U.S.C. Section 1113© for Relief from Collective Bargaining Agreements if Consensual Agreements Cannot Be Reached; Memorandum of Points and Authorities in Support of Conditional Application Pursuant to 11 U.S.C. Section 1113© for Relief from Collective Bargaining Agreements if Consensual Agreements Cannot Be Reached; Declaration of Neal S. Cohen; Declaration of Jerrold Glass; Declaration of E. Allen Hemenway; Declaration of Gregory T. Guillaume; Order Pursuant to 11 U.S.C. Section 1113© Authorizing Rejection of Collective Bargaining Agreements with IAM (Mechanical and Related Employees, Fleet Service Employees and Maintenance Training Specialists) and CWA (Passenger and Service Employees) (Related Document(s)187) filed by Sarah Beckett Boehm of McGuireWoods LLP on behalf of US Airways Group, Inc.. (Attachments: # 1 Exhibit(s))(Boehm, Sarah)
(I suspect these are aimed at USAirways trying to show they're bargaining in good faith, and the CWA and IAM aren't).
====== Now... for the incredibly weird, these intriguing motions:
Item 208 filed 8/23/02 -- Motion for 2004 Examination of Debtor by U.S. Trustee to Investigate Stockholder/Employee Allegations of Fraud and Misconduct Performed by Members of Top Management, Independently or in Conjunction with Certain Members of the IAM, as filed with the U.S. Trustee by Said Stockholder/Employee filed by pro se Richard L. Sweet. (Bolen, Clarence)
Item 211 filed 8/23/02 -- Notice and Objection To Debtor's Motion For Scheduling Order To Establish Notice Procedures, Briefing Schedule And Hearing Date Regarding Debtors' Conditional Applications For Relief Under 11 U.S.C. 1113 If Voluntary Modifications To Collective Bargaining Agreements Cannot Be Reached, Until After the 2004 Examination And Investigation Into The Evidence Submitted To The U.S. Trustee For Allegations Of Fraud And The Allegations That Chairman Wolf Misled Employee Stockholders To Buy Shares Immediately After 9/11 Promising That US Airways Would Break Even In April 2002, And Later Withdrawing More Money From The Company Himself While He Laid Off Even More Employees And The Company Continued To Be More And More In The Red And Also On The Basis That Debtor "Found" An Extra $9 Billion In Debt Post Filing Petition, So The Court Has All Information From All Parties And Just The Debtor's Views, Which Could Be To The Detriment Of Creditors (Related Document(s)47) filed by pro se Richard L. Sweet. (Bolen, Clarence)
==== Not only is this one hellacious title for a motion... note the petitioner is filing pro se. I point this out to you because the intriguing Mr. Sweet follows up his motions with this one:
Item 207 filed 8/23/02 -- Emergency Motion for Protective Order and Restraining Order and for Certain Addresses to be held Confidential for Fear of Bodily or Deadly Harm filed by pro se Richard L. Sweet. (Bolen, Clarence)
==== and an implied accusation of collusion between the company and the IAM:
Item 208 filed 8/23/02 -- Motion for 2004 Examination of Debtor by U.S. Trustee to Investigate Stockholder/Employee Allegations of Fraud and Misconduct Performed by Members of Top Management, Independently or in Conjunction with Certain Members of the IAM, as filed with the U.S. Trustee by Said Stockholder/Employee filed by pro se Richard L. Sweet. (Bolen, Clarence)
As Alice would say, "Curiouser and curiouser!"
 

oldiebutgoody

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Aug 23, 2002
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I'd bet that just about all court cases of this magnitude are subject to some misguided, crackpot filings. I don't know that any of them mean anything. You have got to see if they are actually placed on the docket for hearing. Then, you have to see how many are actually heard and not just dismissed.
 

Meriel

Member
Aug 19, 2002
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This is the link to the Order that establishes the dates of certain hearings and the administrative rules to be followed. Being a PDF file, it's only viewable, not cut and pasteable.

Link
 

cavalier

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Aug 28, 2002
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I personally know this fellow you refer to as a crack pot, and if you knew what information he holds, you would be cheering him on, not bashing him. Why would anyone of sane mind do this sort of thing otherwise, and he is very sane.

Oliver Twist wrote:

Its a shame that the documents on the docket are not available for public view- but seems to be restricted to legal types.

They are viewable, but at 7 cents for every page.
 

oldiebutgoody

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Aug 23, 2002
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On 8/28/2002 11:13:43 AM

I personally know this fellow you refer to as a crack pot, and if you knew what information he holds, you would be cheering him on, not bashing him. Why would anyone of sane mind do this sort of thing otherwise, and he is very sane.


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That's for the judge to decide; not me OR you! I never called him a crackpot, Im just said that in a case this large there are bound to be some "extraneous" filings (to change the verbage slightly in order to better convey the meaning). I would never presume to know what his filing is about without reading the contents and seeing evidence.
 

Meriel

Member
Aug 19, 2002
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Sorry for the non-working links, Scot, and thank you for fixing them!

The only motion that caught my eye of the ones filed on 8/27 was this one.

Item 261, filed 8/27/02 -- Notice of Appearance / Notice of Special Appearance and Demand for Service of Notices and Documents filed by Steven J. Reisman of Curtis, Mallet-Prevost, Colt & Mosle LLP on behalf of Air Transportation Stabilization Board.(Reisman, Steven)

As far as Mr. Sweet being a crackpot or not, I have no idea or any particular opinion since I can't read the text of the motions. But it isn't everyday you see a motion that implies the filer is fearful of life and limb in a =bankruptcy= proceeding. [:0]
 

simfixer

Member
Aug 19, 2002
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On 8/28/2002 12:51:58 PM

Richard L. Sweet = Simfixer?


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No, I would want them to know where I live, and encourage a visit. My viewpoint is quite a bit different than Mr. Sweets, though I do find his interesting and give him credit for not sitting back and let the machine roll over him without a fight. I think that (as stated in the bankruptcy filing) the justice depts hyper extended review of the U/UAL merger was a big reason for U's downfall, and the events of 911 became the proverbial straw. You can't sue the Federal Govt and win, but if Mr. Sweet wants to start a class action against Osama I'm sure he would find plenty of unemployed former airline workers that would join with him. Maybe in lieu of my lost 401k holdings I could get free gas for life. Of course, it would be easier to go on an all bean diet!
 

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