The plan going forward
#121
When/if they file BK, the BK judge will be assigned and a creditors committee will be formed. Then if the company mgmt can form a viable plan considering labor/equip/facilities going forward, they will make a plan to submit to the committee/judge which may include things like forced labor contract changes, lease changes, etc. The committee can also consider other offers by 3rd parties to buy assets and/or just proceed with liquidation. It's up to the committee and judge which path is most viable and labor/smaller creditors are mostly along for the ride. Of course politics/money/influence all have huge stakes in the process.
It's not good for anyone, especially labor and if nothing else, is actually very expensive because the many lawyers involved get PAID BANK!
It's not good for anyone, especially labor and if nothing else, is actually very expensive because the many lawyers involved get PAID BANK!
Courts seem to like snap-back provisions, so you might suck it up for a while and then get some or all of the original contract back after things turn around post-BK.
Also the company has to jump through some hoops before it can even go there with a CBA, and that would take at least some amount of time (11 USC 1113). If the company starts trying to negotiate a concessionary CBA that's a good sign that Ch.11 is right around the corner.
#122
Worth noting that BK companies, even if allowed to reject/modify a CBA do not get carte blanche. Typically the judge will impose an "industry average" contract, although if it were necessary to make the numbers work in the reorganization proposal the court might cut deeper. In this case the company would argue for the average of the ULCC industry (SY, F9, G4, Breeze, Avelo), not the average of DL, UA, AA, and SW.
Courts seem to like snap-back provisions, so you might suck it up for a while and then get some or all of the original contract back after things turn around post-BK.
Also the company has to jump through some hoops before it can even go there with a CBA, and that would take at least some amount of time (11 USC 1113). If the company starts trying to negotiate a concessionary CBA that's a good sign that Ch.11 is right around the corner.
Courts seem to like snap-back provisions, so you might suck it up for a while and then get some or all of the original contract back after things turn around post-BK.
Also the company has to jump through some hoops before it can even go there with a CBA, and that would take at least some amount of time (11 USC 1113). If the company starts trying to negotiate a concessionary CBA that's a good sign that Ch.11 is right around the corner.
#123
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Joined APC: Jan 2023
Posts: 186
#124
But that's not what they'll argue for the judge... it will be ULCC all the way, which is true at that moment in time.
As I mentioned, snap-back clauses are common and not terribly unreasonable.
#125
I would say LCC/National carrier, assuming industry-comparable price-points. Can't claim legacy-equivalent status without hub-and-spoke, international, and regional flying.
But that's not what they'll argue for the judge... it will be ULCC all the way, which is true at that moment in time.
As I mentioned, snap-back clauses are common and not terribly unreasonable.
But that's not what they'll argue for the judge... it will be ULCC all the way, which is true at that moment in time.
As I mentioned, snap-back clauses are common and not terribly unreasonable.
#126
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Joined APC: Sep 2014
Posts: 503
Came to conclusion its not worth it. The uncertainty and whats attached with ch11 is not worth staying anymore.
#127
In the end, there's usually one big triggering event...pop an engine, put a wheel in the dirt, or some random contractor or airport that gets tired of waiting for their money and boots a plane(s). Everyone else freaks and does the same because they think they'll get left out. Then the game is over, and the end comes surprisingly fast.
It also depends on how financially savvy the operating management its. Sometimes the operation gets away from them and they just pull the plug. Braniff (the original) had something like 60 days of pre-paid fuel on the books when their clueless management pulled the plug.
That being said, my guess is they're smart enough here to thread the needle.
#128
Is ULCC even a word? I thought Ben B. made it up in a late 2005 during an all company meeting when he coined "unbundeling"? Slang that eventually made it into the dictionary when it was used enough? Got the idea from Ryanair?
#129
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Joined APC: Nov 2020
Posts: 1,892
Well for years there were SWA, and other defunct places like Skybus, and Airtran that were known as LCC's. When Spirit and now Frontier tried to go with the "unbundeling" of fares and replicate the ultra low fares of Europe (at least to advertise), then it seemed that the LCC needed a new tier of representation.
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