AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

In re: US AIRWAYS, INC., et al., Chapter 11, Debtors. The Debtors are the following entities: US Airways, Inc., US Airways Group, Inc., PSA Airlines, Inc., Piedmont Airlines, Inc. and Material Services Company, Inc.

BRIDGE ORDER AUTHORIZING PAYMENT OF PREPETITION OBLIGATIONS TO FOREIGN VENDORS, FOREIGN SERVICE PROVIDERS AND FOREIGN GOVERNMENTS PURSUANT TO 11 U.S.C. §§ 105(a) AND 363(b)

ROBERT MAYER, Bankruptcy Judge

Upon the Motion to Expedite Hearing on "First Day Motions" and for Entry of Bridge Orders dated September 12, 2004 (the "Expedited Hearing Motion"), wherein the Debtors and debtors-in-possession in the above-captioned cases moved this Court for, among other things, a bridge order, pursuant to sections 105(a) and 363(b) of title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (the "Bankruptcy Code"), granting the relief requested in the Debtors' Motion to Authorize Payment of Prepetition Obligations to Foreign Vendors, Foreign Service Providers and Foreign Governments Pursuant to 11 U.S.C. §§ 105(a) and 363(b) dated September 12, 2004 (the "Motion") on an interim basis pending the Court's disposition of the Motion on its merits after notice and a hearing; the Court finds that (i) it has jurisdiction over the matters raised in the Expedited Hearing Motion and the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (iii) the relief requested in the Expedited Hearing Motion and the Motion is in the best interests of the Debtors, their estates and their creditors; (iv) proper and adequate notice of the Expedited Hearing Motion and the Motion and the hearing thereon has been given and that no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon good and sufficient cause exists for the granting of the relief as set forth herein. Therefore,

Unless otherwise defined herein, all capitalized terms shall have the meaning ascribed to them in the Motion.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. The Debtors are hereby authorized, but not directed, to pay, in their discretion, and in the ordinary course of business, as and when due, any claim held by a Foreign Entity.

2. All applicable banks and other financial institutions are hereby authorized and directed to receive, process, honor and pay any and all checks and transfer requests evidencing amounts paid by Debtors under this Order whether presented prior to or after the Petition Date. Such banks and financial institutions are authorized to rely on the representations of the Debtors as to which checks are issued or authorized to be paid pursuant to this Order.

3. Notwithstanding the relief granted herein and any actions taken hereunder, nothing contained herein shall constitute, nor is it intended to constitute, the assumption of any contract or agreement under 11 U.S.C. § 365.

4. Notwithstanding the relief granted herein and any actions taken hereunder, nothing contained herein shall create, nor is it intended to create, any rights in favor of or enhance the status of any claim held by any person.

5. Notwithstanding the relief granted herein and any actions taken hereunder, the Debtors, and other parties in interest, retain all of their rights and remedies under the Bankruptcy Code and other applicable law to pursue any cause of action against any Foreign Entity, including, but not limited to, a violation of the automatic stay pursuant to 11 U.S.C. § 362(a)(6).

6. This Order is effective only from the date of entry through this Court's disposition of the Motion on its merits. The Court's ultimate disposition of the Motion shall not impair any action taken pursuant to this Order.

Use AI to get other relevant cases.

Comments

IN RE US AIRWAYS, INC. (Bankr.E.D.Va. 2004)
(Sep 12, 2004)