The Court considered and granted the Motion of Debtors for Entry of Order Pursuant to 11 U.S.C. §§ 105(a) and 366 (i) Approving Debtors’ Proposed Form of Adequate Assurance of Payment to Utilities, (ii) Establishing Procedures for Resolving Objections by Utility Companies, and (iii) Prohibiting Utilities from Altering, Refusing, or Discontinuing Service over the objection of several utilities.
The Court considered and agreed to enter the Stipulated Protective Order Pursuant to 11 U.S.C. § § 105(a) and 107(b) and Fed. R. Bankr. P. 9018 Establishing Procedures for the Protection of Confidential Information Provided by the Debtors to the Official Committee of Unsecured Creditors.
The Court considered and denied the Motion to Lift the Automatic Stay to Allow the Eleventh Circuit to Rule on the Pending Appeal by Lawrence Meadows.
The Court considered and denied the Motion of Vern Englert to Dismiss the Chapter 11 Cases.
The Court considered and granted the Debtors’ Third Omnibus Motion for Authorization Pursuant to (I) Section 365 of the Bankruptcy Code and Bankruptcy Rule 6006 to Reject Certain Aircraft and Engine Leases, (II) Section 363(b) of the Bankruptcy Code to Transfer Title to Certain Aircraft and Engines, and (III) Section 554 of the Bankruptcy Code and Bankruptcy Rule 6007 to Abandon Certain Aircraft and Engines.
The Court considered and granted on a final basis the Application of Debtors Pursuant to 11 U.S.C. §§ 327(a) and 328(a) and Fed. R. Bankr. P. 2014 for Authority to Retain and Employ Ernst & Young LLP as Auditor and Tax Advisor Nunc Pro Tunc to the Commencement Date.
The Court agreed to enter only an interim order and adjourned the following retention applications subject to a reservation of the rights of the objecting parties:
- Application of Debtors for Entry of an Order Authorizing the Retention and Employment of Rothschild Inc. as Financial Advisor and Investment Banker for the Debtors Nunc Pro Tunc to the Commencement Date to a later date subject to a reservation of the rights of the objecting parties.
- Application of American Eagle Airlines, Inc. for Entry of an Order Authorizing the Retention and Employment of Bain & Company, Inc. as Strategic Consultants Nunc Pro Tunc to December 14, 2011.
- Application of American Airlines Pursuant to 11 U.S.C. §§ 327(a) and 328(a) and Fed. R. Bankr. P. 2014 for Authority to Retain and Employ Skyworks Capital, LLC as Aircraft Restructuring Advisor Nunc Pro Tunc to the Commencement Date.
- Application of Debtors Pursuant to 11 U.S.C. §§ 327(a) and 328(a) and Fed. R. Bankr. P. 2014 for Authority to Retain and Employ Perella Weinberg Partners LP as Financial Advisor Nunc Pro Tunc to the Commencement Date.
- Application of the Debtors Pursuant to 11 U.S.C. § 327(a) and Fed. R. Bankr. P. 2014 for Authority to Retain and Employ McKinsey Recovery & Transformation Services U.S., LLC, McKinsey & Company, Inc. United States, and McKinsey & Company, Inc. Japan as Management Consultants Nunc Pro Tunc to December 12, 2011.
- Application of Debtors Pursuant to 11 U.S.C. § 327(e) and Fed. R. Bankr. P. 2014 for Authority to Employ and Retain Groom Law Group, Chartered as Special Employee Benefits Counsel Nunc Pro Tunc to the Commencement Date.
- Application Pursuant to 11 U.S.C. Section 327(e) and Bankruptcy Rules 2014 and 2016 to for Authorization to Employ and Retain Debevoise & Plimpton LLP as Special Aircraft Counsel for the Debtors Nunc Pro Tunc to the Commencement Date.
- Application of Debtors Pursuant to 11 U.S.C. § 327(e) and Fed. R. Bankr. P. 2014 to Employ and Retain Paul Hastings LLP as the Debtors’ Special Labor Counsel Nunc Pro Tunc to the Commencement Date.
- Application of the Debtors Pursuant to 11 U.S.C. § 327(a) and Fed. R. Bankr. P. 2014 to Retain and Employ KPMG LLP as Tax Compliance and Tax Consultants Nunc Pro Tunc to the Commencement Date.
- Application of the Debtors Pursuant to 11 U.S.C. § 327(e) and Fed. R. Bankr. P. 2014 to Employ and Retain Morgan Lewis & Bockius LLP as Special Counsel Nunc Pro Tunc to the Commencement Date
Application of Debtors Pursuant to 11 U.S.C. § 327(a) and Fed. R. Bankr. P. 2014 to Employ and Retain Deloitte Financial Advisory Services LLP as Consultants Nunc Pro Tunc to the Commencement Date.
The Court entered orders on the following matters which were uncontested or resolved prior to the hearing:
- Motion of Debtors for Entry of Order Pursuant to Fed. R. Bankr. P. 9006(b) and 9027 Enlarging Time Within Which to File Notices of Removal of Related Proceedings
- Motion of Debtors for Entry of Order Pursuant to 11 U.S.C. § 521 and Fed. R. Bankr. P. 1007(c) and 9006(b) Further Extending Time to File Schedules of Assets and Liabilities, Schedules of Executory Contracts and Unexpired Leases, and Statements of Financial Affairs
- Motion of Debtors Pursuant to 11 U.S.C. §§ 105(a) and 362 for Entry of Order (i) Establishing Notification Procedures and Approving Restrictions on Certain Transfers of Claims Against and Interests in the Debtors Estates (Final Order)
- Authorizing American Airlines, Inc. to Enter into Sale Leaseback Transaction with International Lease Finance Corporation for Aircraft Bearing U.S. Registration No. N882NN
The following matters have been adjourned to February 29, 2012 at 10:00 a.m. (ET):
- Motion of Debtors for Entry of Order Pursuant to 11 U.S.C. § 365(a) and Fed. R. Bankr. P. 6006 Approving Assumption of Certain Executory Credit Card and Payment Agreements
- Motion for an Order Pursuant to Federal Rules of Bankruptcy Procedure 2004 and 9016 Directing Production of Documents by AMR Corporation and its Affiliates and Authorizing Issuance of Subpoenas for Testimony by the Pension Benefit Guaranty Corporation
DOCKET UPDATE
Motion Pursuant to 11 U.S.C. § 1114(d) for Appointment of a Committee of Retired Employees
AMR Retirees Pension Protection Corp. (“ARPPC”), filed a motion (the “Motion”) seeking entry of an order appointing an official committee of retired employees (the “Retiree Committee”) pursuant to Bankruptcy Code section 1114(d). ARPPC is a non-profit corporation that was formed by non-union retirees of AMR Corporation (“AMR”) who currently receive pensions and retiree benefits from AMR and its subsidiaries. ARPPC claims membership on its committee is open to all of the Debtors’ retirees and that ARPPC was formed shortly after the commencement of the chapter 11 cases for the purpose of protecting the retiree benefits and pension benefits (collectively, the “Retiree Benefits”) of retirees from AMR and its subsidiaries (collectively, the “Retirees”).
ARPPC was formed by a six-member steering committee (the “Steering Committee”). All of the members of the Steering Committee would be interested in serving on the Retiree Committee when such committee is appointed. The Steering Committee consists of the following Retirees, who prior to their respective retirements, served with the Debtors for the number of years listed after their names and held the positions listed after their names: Adrian Hale – 29 years – VP of Engineering; Robert Rumbaugh – 36 years – Retired Managing Director of Alliance Fort Worth maintenance base; Larry Howard – 36 years – Manager Accounting; Steven O’Sullivan – 30 years – VP Corporate Revenue Accounting; Al Degan – 35 years – Manager Maintenance Training; and Pat Lenihan – 30 plus years – widow of Ed Lenihan, Manager Line Maintenance.
By the Motion, ARPPC seeks entry of an order directing the appointment of a Retiree Committee to act as the authorized representative of non-union Retirees pursuant to section 1114(d) of the Bankruptcy Code. In addition, to the extent that any labor organization elects not to serve (or is otherwise prohibited from serving) as the authorized representative of retirees whose retiree benefits are covered by a collective bargaining agreement, ARPPC requests that the Retiree Committee become the authorized representative of such retirees as well.
The motion is scheduled for hearing on February 29, 2012 at 10:00 a.m. (ET)