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IN RE: US AIRWAYS GROUP, INC., et al., Chapter 11, Debtors.

ORDER

STEPHEN S. MITCHELL, United States Bankruptcy Judge

An evidentiary hearing was held in open court on December 2, 2002, on the motion (Doc. #560) filed by Simmonds Precision Products, Inc., Goodrich Corporation Commercial Wheels and Brakes Division, Goodrich-Messier, Inc., and Rohr Aero Services, Inc. (collectively, "the Goodrich affiliates") to compel the debtor to decide whether to assume or reject executory contracts by a date certain, or, in the alternative, for relief from the automatic stay to allow the Goodrich affiliates to terminate their executory contracts with the debtor. The movants, the debtors in possession, and the Official Committee of Unsecured Creditors were present by counsel.

Upon consideration of the pleadings, memoranda, testimony, and exhibits, the court finds that the debtors in possession are current with respect to post-petition payments under the seven contracts at issue. Additionally, there is no evidence that the debtors in possession are either unwilling or unable to continue performing under the contract, at least in the near term. None of the contracts is being performed at a loss by the movants, and any loss that might be experienced if the debtors in possession ultimately reject the contracts would, so far as the evidence shows, be the same regardless of whether the contracts are rejected today or months from today. None of the movants actually desires to see the contracts terminated; they simply wish, for financial planning purposes, to know what the debtors' intentions are. While uncertainty may constitute a hardship to the movants, it weighs less in the balance than the debtors' need to carefully analyze which of more than 7, 000 contracts should be assumed or rejected as part of the reorganization.

Assumption or rejection, in any event, must take place no later than confirmation of the debtors' plan, which the debtors project will occur prior to the end of the first calendar quarter in 2003.

This is sufficiently soon that the court cannot find any harm to the movants from performing the contracts on their part or any serious risk to the movants of not being paid for the goods and services provided post-petition. It is, accordingly,

ORDERED:

1. The motion is granted in part and denied in part. The debtors in possession shall, not later than the hearing on approval of the disclosure statement, or April 8, 2003, whichever occurs first, determine whether to assume or reject the seven executory contracts with the Goodrich affiliates and shall file appropriate papers, either in the form of a stand-alone motion or as an exhibit or addendum to the plan, to accomplish such assumption or rejection. Assumption or rejection shall not be effective until such motion is granted after notice and a hearing or the plan is confirmed. The automatic stay, to the extent it applies, shall remain in full force and effect pending the ruling on the motion or confirmation of the plan.

2. The clerk shall mail a copy of this order, or give electronic notice of its entry, to the parties listed below.

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IN RE US AIRWAYS GROUP, INC., (Bankr.E.D.Va. 2002)
(Dec 3, 2002)