I know of at least three advantages to filing prior to October 17. Briefly, the changes include:
1. Shortens the period of exclusivity where only the debtor may propose a plan of reorg to 18 months. UAL has had extension after extension, and is now at about 33 months.
2. Shortens the time to make decisions on rejected aircraft to 210 days. Again, UAL has had lots more time to reflect on which airplanes it keeps and which it ultimately tells lessors and creditors to take back.
3. Prohibits executive retention bonuses unless the exec can prove other job offers. For the losers in the executive suite, this is a downer. After all, every corporation has some slugs who couldn't find another job even at their brother in law's business. But some of the execs will be able to prove other job offers - and can still get the retention pay.
There are probably others - I don't practice BK law and have not studied the new law extensively.
For airlines that were on the brink - like DL and NW - I'm certain the October 17 deadline was an important consideration.
Wanna know who else may take advantage of Ch 11 prior to October 17? Contintental. CO has large debt repayments and some pension issues on the short term horizon that it may not be able to refinance or pay.
I hold no CO stock and would probably dump it if I did - at least until October 18. B)
I do hold some AMR.
Another reason I don't see AMR filing Ch 11? Its stock still has some value, and might be the currency of choice to help acquire NW. Filing Ch 11 would prevent any chance of AA buying NW and its China rights.
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