The debtors seek the authority to condition disclosure of AerCap Confidential Information to the Official Committee of Unsecured Creditors upon entry of a confidentiality agreement which is acceptable to AerCap, and grant AerCap further relief as the Bankruptcy Court deems just.
The hearing is scheduled for January 20, 2012 at 12:00 noon. The objection deadline is January 20, 2012 at 11:30 a.m.
Stipulation, Agreement, and Order between American Airlines, Inc. and Koch Supply & Trading, LP
The debtors stipulate and agree to enter into, modify, continue performance, and provide credit support under derivative contracts with Koch Supply & Trading, L.P.
Stipulation, Agreement, and Order Between the Debtors and Milagros Ponce to Modify the Automatic Stay for a Limited Purpose
The stipulation signed on January 5, 2012 between the debtors and Milagros Ponce modified the automatic stay to the limited extent necessary to enable the Claimant to prosecute a lawsuit.
APFA’s Objection to Retention Applications
The Association of Professional Flight Attendants objected to the debtors’ retention applications on the ground that the debtors’ terms and conditions were unreasonable. Specifically, AFPA objected to the fee structures for Rothschild Inc. and SkyWorks Capital, LLC because it found them impermissibly excessive. Additionally, AFPA objected to the debtors’ payment proposal to Perella Weinberg Partners LP because it did not take into account the case’s outcome.
The hearing is scheduled for January 27, 2012 at 10:00 a.m. The objection deadline is January 20, 2012 at 4:00 p.m.
Sallie Mae’s Limited Objection to the Debtors’ Second Motion to Reject Certain Aircraft and Engine Leases, Transfer Title to Aircraft and Engines, and to Abandon Certain Aircraft and Engines
Sallie Mae, owner participant of flight tail number N631AA and related engine numbers 31051 and 31052, filed a limited objection to the debtors’ second omnibus motion for authority to reject aircraft and engine leases. Debtors’ motion and proposed order sought the authority to return the aircraft to the “Leased Aircraft Financier,” but never specified the name of such party.
Sallie Mae’s objection made three requests of the Court. First, it asked the Court to instruct the debtors to amend the order such that it either designated a Leased Aircraft Financier, or detailed the criteria the debtors would use to designate a Leased Aircraft Financer. Second, it asked the Court to instruct the Debtors to designate the party with the greatest economic interest in the aircraft as the Leased Aircraft Financier. Lastly, it requested that the Court award such other relief as it deemed just and proper.
Relevant tail number: N631AA
U.S. Bank’s Objection to Debtors’ Second Motion to Reject Certain Aircraft and Engine Leases
U.S. Bank National Association, indenture trustee for the 1991A, filed a limited objection to the debtors’ second omnibus motion for authority to reject certain aircraft and engine leases. U.S. Bank’s objection requested that the Court either deny the debtors’ rejection motion or modify it in a manner acceptable to U.S. Bank and the holders on whose behalf it acts, and that the Court grant further relief as it deemed just and proper.
The hearing is scheduled for January 27, 2012 at 10:00 a.m. The objection deadline is January 20, 2012 at 4:00 p.m.
Relevant tail number: 1991A
TWU’s Objection to the Debtor American Eagle Airlines, Inc.’s Application to Retain Bain & Company, Inc. as Strategic Consultants
The Transport Workers Union of America objected to the application of American Eagle Airlines, Inc. to retain Bain & Company, Inc. as strategic consultants. The TWU bases its objection on the grounds that Bain was retained to extract concessions from the debtor’s rank and file employees and that the debtor’s payment proposal in connection with the retention agreement will encumber the estate with administrative expenses without bringing value to the estate or the creditors. The TWU’s objection requested that the Court: reduce the monthly fee that the debtor pays Bain; authorize a fee only if Bain’s services are actually required; make the fee contingent upon the level of services that Bain provides; require an end date for Bain’s retention; and review the estate’s payments for reasonableness at the cases’ conclusion.
The hearing is scheduled for January 27, 2012 at 10:00 a.m. The objection deadline is January 20, 2012 at 4:00 p.m.
AFPA’s Joinder to PBGC’s Motion
The Association of Professional Flight Attendants joined the motion filed by the Pension Benefit Guaranty Corporation for an order directing the debtors to produce documents and authorizing the issuance of subpoenas for testimony. The AFPA’s motion sought relief equivalent to that of the PBGC; specifically, the AFPA’s motion requested that the Court: direct AMR to simultaneously produce for the APFA and the PBGC all documents described in the PBGC’s discovery requests; authorize the AFPA to issue subpoenas on all parties and involving all matters specified by the PBGC; authorize the AFPA to participate in all depositions involving the PBGC and the AMR; and grant the AFPA all relief as the Court deemed just and proper.
The hearing is scheduled for January 27, 2012 at 10:00 a.m. The objection deadline is January 20, 2012 at 4:00 p.m.
Response to Debtors’ Motion to Modify the Automatic Stay
Cantor Fitzgerald & Co., et al. responded to the debtors’ motion to modify the automatic stay as to certain claims for a limited purpose and subject to certain conditions. Cantor Fitzgerald sought relief from the automatic stay to proceed with its 9/11 litigation and recover from the debtors’ insurance.
Ad Hoc Committee of PSAs’s Joinder to AFPA’s Objection of Debtors’ Retention Applications
The Ad Hoc Committee of Passenger Service Agents joined in the objection of the Association of Professional Flight Attendants to the debtor’s motions to retain financial advisors and other professionals. Specifically, the parties objected to the debtors’ retention agreements with Rothschild, Inc. as financial advisor and investment banker, Perella Weinberg Partners LP as labor related restructuring advisor, and SkyWorks Capitals LLC as aircraft restructuring advisor on the grounds that the terms and conditions of these agreements did not satisfy pre-approval requirements.
U.S. Bank’s Joinder to U.S. Bank’s Objection of Debtor’s Motion to Reject Certain Aircraft and Engine Leases
U.S. Bank National Association, indenture trustee for the N631AA (1990 ETC, Series Z) and the related engines and equipment, filed a joinder to its objection to the debtors’ second omnibus motion for authorization to reject certain aircraft and engine leases. U.S. Bank requested that the Court deny the debtors’ rejection motion unless the relief therein was modified in a manner that redressed the issues raised in the joinder and the objection or in a manner that otherwise acceptable to the trustee and the certificate holders on whose behalf the trustee acted, and that the Court grant such other relief as it deemed appropriate and just.
The hearing is scheduled for January 27, 2012 at 10:00 a.m. The objection deadline is January 20, 2012 at 4:00 p.m.
Relevant tail number: N631AA
U.S. Bank’s Joinder to U.S. Bank’s Objection of Debtor’s Motion to Reject Certain Aircraft and Engine Leases
U.S. Bank National Association filed a joinder to its objection to the debtors’ second omnibus motion for authorization to reject certain aircraft and engine leases. U.S. Bank filed its joinder as indenture trustee for the following series of equipment: 1990-E ETC (N614AA), 1990-M ETC (N59523), 1990-P ETC (N626AA), 1990-U ETC (N629AA), 1990-X ETC (N7538A), 1990-Y ETC (N632AA) and 1994 A5 PTC (N648AA). U.S. Bank requested that the Court deny the debtors’ rejection motion unless the relief therein was modified in a manner that redressed the issues raised in the joinder or in a manner otherwise acceptable to the trustee and the certificate holders on whose behalf the trustee acted, and that the Court grant such other relief as it deemed appropriate and just.
Relevant tail numbers: N614AA, N59523, N626AA, N629AA, N7538A, N632AA, N648AA
Unsecured Creditors’ Joinder to Debtors’ Objection to Motion for Relief from Automatic Stay
The Official Committee of Unsecured Creditors filed a joinder to the debtors’ objection to Lawrence Meadows’s relief from the automatic stay. Meadows had filed an instant motion to lift the automatic stay to allow the U.S. Court of Appeals for the Eleventh Circuit to hear oral arguments and render a decision in an effort to collect long-term disability benefits from the American Airlines Pilot Retirement Benefit Program.
The hearing is scheduled for January 27, 2012 at 10:00 a.m.
Notice of Presentment of Stipulation and Order Approving Extension for N951TW
The debtors filed a notice that it would present a stipulation signed on January 19, 2012 between the debtors and the aircraft financing parties and an order approving a Section 1110(b) extension for N951TW to Judge Lane for signature.
The hearing is scheduled for January 30, 2012 at 4:30 p.m. The objection deadline is January 30, 2012 at 4:00 p.m.
Relevant tail number: N951TW
Regards,
LOWENSTEIN SANDLER PC
Sharon Levine
S. Jason Teele
Nicole Stefanelli