- FRBP
Fjord v. AMR Corp. (In re AMR Corp.)
Nov
27
2013
Ruling
Settlement of Department of Justice's antitrust action against debtor airline over proposed merger approved after denial of temporary restraining order.
Issue(s)
Should settlement of antitrust action brought by Department of Justice be approved, allowing debtor airline to proceed with merger or should temporary restraining order be issued blocking the settlement and merger?
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Court
:
In re Lin
Oct
18
2013
Ruling
Case dismissed for bad faith due to debtor's dishonesty in avoiding IRS debt and because case involved a two-party dispute.
Issue(s)
Should debtor's case be dismissed due to lying about the disappearance of $1.7 million in an effort to avoid paying debt to IRS as sole creditor.
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Court
:
In re AMR Corp.
Sep
13
2013
Ruling
Chapter 11 plan could pay professional fees of member of unsecured creditors' committee but not severance to debtor airline's outgoing CEO.
Issue(s)
Could debtor airline's plan provide for professional fees of members of committee of unsecured creditors and severance to outgoing CEO.
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Court
:
- 11 U.S.C.
Davis v. R.A. Brooks Trucking Co. (In re Quebeqcor World (USA) Inc.)
Apr
23
2013
Ruling
Preference period invoice payments not made in accordance with contract terms were not made in the ordinary course of business and were avoidable.
Procedural posture
The litigation trustee for chapter 11 debtors' jointly administered estate brought an adversary complaint to avoid and recover ten alleged preferential transfers totaling $117,370 made during the 90 day period before the debtors filed its chapter 11 case, plus prejudgment interest of $15,191.09, from defendant creditor. The trustee moved for summary judgment, and creditor opposed the motion.
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Court
:
- 11 U.S.C.
Davis v. All Points Packaging & Distrib. (In re Quebeqcor World (USA) Inc.)
Apr
22
2013
Ruling
Payment made beyond pre-preference period average was not made in ordinary course of business and was avoidable.
Procedural posture
Litigation trustee under bankruptcy debtors' plan brought an adversary proceeding against defendant transferee of funds from the debtors alleging that a payment to the transferee was avoidable as a preferential transfer, and the transferee asserted that the payment was made in the ordinary course of business and was thus not avoidable under 11 U.S.C.S. § 547(c)(2). The trustee and the transferee cross-moved for summary judgment.
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Court
:
In re Amr Corp.
Apr
22
2013
Ruling
Claim filed more than three months after bar date disallowed.
Procedural posture
Debtors, an airline and its parent company, filed petitions under chapter 11 of the Bankruptcy Code, and movant claimant filed a late claim against the airline's bankruptcy estate and asked the court to enter an order under Fed. R. Bankr. P. 9006(b)(1) and 11 U.S.C.S. § 105(a) which extended the deadline it had for filing its claim and allowed the claim. The debtors opposed the claimant's motion.
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Court
:
In re AMR Corp.
Apr
11
2013
Ruling
Merger of debtor with another airline approved except as to proposed severance payment to debtor's CEO.
Procedural posture
Debtors filed a motion under 11 U.S.C.S. §§ 363, 503(b), and 105(a) for approval of an agreement to merge the debtors (debtor airline) with another airline. The U.S. Trustee (UST) objected to the motion.
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Court
:
U.S. Bank Trust v. American Airlines Inc. (In re AMR Corp.)
Jan
17
2013
Ruling
Postpetition financing approved as not requiring payment of make whole amount due to filing constituting default and triggering acceleration.
Procedural posture
Debtors and debtors-in-possession, airline and related parties, moved for authority to enter into a postpetition secured financing transaction under 11 U.S.C.S. § 364(c), for authority to use cash on hand, including the proceeds of the new financing, to repay the obligations of the airline under certain pre-petition financing transactions. Creditor bank, a prepetition lender, objected to the motion.
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Court
:
- 11 U.S.C.
In re AMR Corp.
Sep
04
2012
Ruling
Existing collective bargaining agreement could be rejected in absence of negotiated collective bargaining agreement to allow debtor's reorganization.
Procedural posture
After employees of a bankruptcy debtor rejected a negotiated collective bargaining agreement (CBA), the debtor moved to reject the existing CBA pursuant to 11 U.S.C.S. § 1113 based on necessity to the debtor's reorganization. The employees' union objected to the motion.
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Court
:
- 11 U.S.C.
In re AMR Corp.
Aug
15
2012
Ruling
Debtor airline could not reject collective bargaining agreement with pilot's union due to proposed changes that were not deemed necessary.
Procedural posture
Chapter 11 debtor, an airline, filed a motion under 11 U.S.C.S. § 1113 seeking authority to reject the collective bargaining agreements (CBAs) between the airline and various unions. While the airline reached agreement with some unions, it did not reach an agreement with the pilots union (the union) and the court therefore addressed the merits of the motion as to that union.
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Court
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