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Old 02-11-2010, 07:47 AM
  #391  
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I suppose the question is what happens if, say, the DL case gets dragged out and Mesa runs out of cash. I doubt the judge would allow them to proceed with Ch. 11 just on the assumption that they'll win the case some time down the road. I would say in that case the better thing is to liquidate Mesa and then have the debtors take DL to court for the money to be paid directly to them. I think Aloha did this with Mesa, they ended up settling well after the airline had shut down.
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Old 02-11-2010, 07:52 AM
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1) DL is still paying Mesa, why would the delay or nondelay of this contract help or hurt them?
2) The DL is in the jurisdiction of the bankruptcy court, not the federal court it was in if I recall correctly. I don't think the judge will allow it to drag out.
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Old 02-11-2010, 08:37 AM
  #393  
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Originally Posted by SpiraMirabilis
1) DL is still paying Mesa, why would the delay or nondelay of this contract help or hurt them?
2) The DL is in the jurisdiction of the bankruptcy court, not the federal court it was in if I recall correctly. I don't think the judge will allow it to drag out.
As for #2; it seems as if Delta has filed a motion for relief from the automatic stay on the ERJ and the Material Breach cases. If relief is granted; that would bounce the case back to Judge Cooper in ATL. Epiq Corporate Restructuring

See Docket# 267
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Old 02-11-2010, 06:00 PM
  #394  
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Originally Posted by H46Bubba
As for #2; it seems as if Delta has filed a motion for relief from the automatic stay on the ERJ and the Material Breach cases. If relief is granted; that would bounce the case back to Judge Cooper in ATL. Epiq Corporate Restructuring

See Docket# 267
True, I don't think it will happen though. The case and contract is too much part of the restructuring plan that both the creditors and management will likely put forward. Anything could happen though.
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Old 02-11-2010, 06:28 PM
  #395  
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Originally Posted by SpiraMirabilis
True, I don't think it will happen though. The case and contract is too much part of the restructuring plan that both the creditors and management will likely put forward. Anything could happen though.
Delta states in their brief that they believe that the court would be biased towards MAG and the creditors if the case is heard in BK court. They feel that the litigation should remain under Judge Cooper in ATL. He's seen all the evidence and heard all the testimony and would be unbiased as to the financial aspect of whatever outcome there is. It's a matter of was Delta in the right to cancel Freedom's contract? If so than the contract is canceled; if not Freedom will keep on flying till the contract ends or JO slips up. The other case for the material breach is the same....did MAG violate the terms of the contract by not adapting to be the cheapest of the DCI carriers? If so, than the contract is canceled. If not; than on they fly till 2013 They never imagined having to beat Compass' low operational costs!
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Old 02-12-2010, 05:13 AM
  #396  
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Update:

The status conference (regarding the Delta/Freedom code-share agreement) has been continued for February 16th.

On February 19th MAG will present their "Proposed Order Notice of Presentment of Case Management & Scheduling Order". This is MAG's proposed schedule concerning the MAG/Delta litigation issues.

The "ERJ Litigation" trial (Civil Action No. 1:08-CV-1334-CC) is scheduled in Georgia District court on April 20th.

This proposal includes the transfer of the "MFN Litigation" (Civil Action No. 1:09-CV-2267-CC) from the Georgia District Court to the New York Bankruptcy Court. It schedules the trial for the motion assume the ERJ contract on July 12th.

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Last edited by winglet; 02-12-2010 at 01:31 PM.
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Old 02-13-2010, 08:44 AM
  #397  
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Originally Posted by winglet
Update:

The status conference (regarding the Delta/Freedom code-share agreement) has been continued for February 16th.

On February 19th MAG will present their "Proposed Order Notice of Presentment of Case Management & Scheduling Order". This is MAG's proposed schedule concerning the MAG/Delta litigation issues.

The "ERJ Litigation" trial (Civil Action No. 1:08-CV-1334-CC) is scheduled in Georgia District court on April 20th.

This proposal includes the transfer of the "MFN Litigation" (Civil Action No. 1:09-CV-2267-CC) from the Georgia District Court to the New York Bankruptcy Court. It schedules the trial for the motion assume the ERJ contract on July 12th.

winglet
Finally! Some firm dates.
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Old 02-13-2010, 10:25 AM
  #398  
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Originally Posted by H46Bubba
Finally! Some firm dates.
Although this is the proposed Case Management & Scheduling Order it is clear that the bankruptcy is bringing these cases to the forefront. This order won't be final until the Judge's signature is on it.

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Last edited by winglet; 02-13-2010 at 12:33 PM.
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Old 02-14-2010, 01:55 PM
  #399  
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Originally Posted by TopNotch
I was in CAE the other day and taxiied past those RJ's. They are all cannibalized. I'd say half are missing an engine/engines.

They sure do look like crap, at least from the outside.
I counted 15 Mesa RJ's at CAE this morning. 14 were United colors, and most missing engines.
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Old 02-14-2010, 02:38 PM
  #400  
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On the day bankruptcy was declared (January 5th, 2010) MAG owned or leased 48 CRJ-200's.

-- 17 were already parked.

-- 8 were flying as USAirways Express.

-- 5 were flying as go!.

-- 18 were flying as United Express.

There were also 7 Dash-8's flying as United Express with 3 already parked.

The United Express CRJ-200 and Dash-8 flying is gradually being removed from service and there will be 20 CRJ-700's flying in May, 2010.

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Last edited by winglet; 02-14-2010 at 03:06 PM.
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