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Old 02-08-2010, 06:51 PM
  #361  
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It was mentioned earlier in the thread that leased planes have to be returned with their original engines. So it appears they are just waiting until they can get the original engines back to their planes.
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Old 02-09-2010, 06:44 AM
  #362  
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Originally Posted by SpiraMirabilis
Not defending him by any means but he was paying leases on them, so may as well can them for parts that can unground other airplanes who are making money.
Those contracts almost certainly require that the original installed equipment stay with the airplanes. It's common for majors to lease engines separately but I've never heard of anyone doing it for an RJ.

Kind of like if you leased a car and defaulted on payments...they would simply come repo it and put a hit in your credit report.

But if they then discovered that you had removed the engine and sold it on craigslist to buy hookers and crack, they would probably call the sheriff to discuss conversion (theft) charges.

But it's not unusual to remove engines from parked aircraft, for a variety of reasons...as long as you still have them readily available.
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Old 02-09-2010, 08:04 AM
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Originally Posted by SpiraMirabilis
Not defending him by any means but he was paying leases on them, so may as well can them for parts that can unground other airplanes who are making money.
I agree but he does have to return the aircraft in a flyable condition when he is done with them. How much is that going to cost him? Does MAG have the cash to do it or are the counting on winning the DL case to give them that cash?
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Old 02-09-2010, 10:04 AM
  #364  
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Does flyable condition also include any heavy mx checks the plane is due for? A lot of airlines will ground birds they are lease returning if they hit the mark for heavy chck before the return date. (In regards to planes scheduled for return)
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Old 02-09-2010, 11:00 AM
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Jeez.........given Mesa's conduct in how they've treated their aircraft and how they're going to be returned, I wouldn't think anybody would be interested in leasing them aircraft in the future. Even if Mesa survives this self-induced nightmare, I doub't they'd ever be able to afford to buy new aircraft, so even if any of these carriers they've screwed over (and continue to) or others watching would sign a deal with them in the future, it would seem they'd never be likely to be able to get the equipment to meet the contract anyway.

My guess is whatever shape Mesa comes out of this in (if at all), will be the best of times that will only get worse.
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Old 02-09-2010, 01:34 PM
  #366  
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Originally Posted by PSACFI
I agree but he does have to return the aircraft in a flyable condition when he is done with them. How much is that going to cost him? Does MAG have the cash to do it or are the counting on winning the DL case to give them that cash?
Almost certainly the contract obligations said that, but Bankruptcy is all about getting out of obligations.
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Old 02-09-2010, 01:38 PM
  #367  
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Originally Posted by SpiraMirabilis
Almost certainly the contract obligations said that, but Bankruptcy is all about getting out of obligations.
True but it won't protect you against Grand Theft Engine.
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Old 02-09-2010, 02:18 PM
  #368  
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Originally Posted by Releasemaster
Does flyable condition also include any heavy mx checks the plane is due for? A lot of airlines will ground birds they are lease returning if they hit the mark for heavy chck before the return date. (In regards to planes scheduled for return)
If a heavy check is due, than the leasee has to have that check done before the leassor can accept it. Oh and the leassor will charge you for every day past the return date!
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Old 02-09-2010, 02:41 PM
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You cant get blood out of a rock though. If Mesa is ending its relationship with that lease holder i would imagine mesa telling them to get in line behind all of the other creditors who mesa owes money to. Mesa will forfeit the airplane and pay a penalty but the penalty will be substantially less then what they would have paid outside of bankruptcy court.
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Old 02-09-2010, 03:40 PM
  #370  
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Originally Posted by SpiraMirabilis
Almost certainly the contract obligations said that, but Bankruptcy is all about getting out of obligations.
BK allows you to get out of contracts as of the day you filed BK. It does NOT allow you to do anything you want BEFORE bankruptcy or AFTER bankruptcy.

If the airplanes were leased, BK does not mean you can sell them, or sell or misappropriate any part of them. That really would be theft, and if individuals did not get charged, the company would. This would mean criminal fines for the company (not avoidable in bankruptcy), and stolen property is not negotiated in BK court, it is seized by law enforcement and returned to the owner.

If mag took the engines off for Mx and never put them back they can probably get away with that. But if leased engines ended up on other airplanes, or parted out and sold, somebody is in deep doo-doo. I seem to remember mag holding a parts fire sale last year...
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