Legal Question in Bankruptcy in Illinois

1113c motions

I am a flight attendant for United Airlines, and our

company has just gotten our work group to

unfortunately agree to severe pay cuts... in exchange

they withdrew the 1113c Filing which would have

evidently cut our pay and work rules even worse. My

question is, can they once again reinstate their 1113c

request to the court , in an attempt to get more

concessions later down the line? What is the rule on

how many times they can petition the court with this

threat in order to try to get more from our work group?


Asked on 5/01/03, 5:38 pm

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: 1113c motions

There is no rule that says they cannot do this later down the line, however they must comply with 1113(b) and propose a fair deal that treats all parties in a fair manner. If they do not and if that can be proven, then the judge may deny their motion under 1113(c).

These issues are extremely complex, especially in this case.

Very truly yours,

Thaddeus J. Hunt, Esq.

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Answered on 5/01/03, 11:00 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: 1113c motions

Does try and try again sound familiar? Really, a question of this nature should be answered by your union legal counsel. I represent a United employee (mechanic), and all I can tell you is that in my experience the lawyers for United (Kirkland & Ellis) are far more responsive than the legal counsel for union employees, at least for the union that represents mechanics. I wish you good luck; I represent a lot of small business owners as well, and I can tell you that it is a tough economy.

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Answered on 5/02/03, 12:39 pm


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