In re US Airways Group, Inc.

Full title: In re: US AIRWAYS GROUP, INC., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, E.D. Virginia. Alexandria Division

Date published: Aug 20, 2003

Case No. 02-83984-SSM (Jointly Administered) (Bankr. E.D. Va. Aug. 20, 2003)

Opinion

Case No. 02-83984-SSM (Jointly Administered)

August 20, 2003

ORDER

STEPHEN MITCHELL, Bankruptcy Judge

A hearing was held in open court on July 18, 2003, and continued to August 14, 2003, for a ruling, on the motion (Doc. # 3618) filed by Nason and Cullen, Inc. ("Nason Cullen") for determination of standing to enforce and receive cure obligations of the debtors arising from the assumption of the Facilities Sublease between the Philadelphia Authority for Industrial Development ("PAID") and US Airways, Inc., and for summary judgment that the cure amount, when determined, will constitute a priority administrative claim.

Upon consideration of the motion, responses, memoranda, testimony, exhibits, and argument of counsel, and for the reasons stated orally on the record, it is

ORDERED:

1. The motion is granted to the extent set forth in this order. The court determines that Nason Cullen has standing to enforce the cure obligations of US Airways, Inc., to pay Facilities Rent under the Facilities Sublease dated June 1, 2000, with respect to any unpaid sums that are finally determined to be due under the contract between Nason Cullen and US Airways, Inc., to construct a hanger at the Philadelphia International Airport. The court further determines that PAID has not waived the claim for payment of Facilities Rent, and that the amount due, when finally determined, will be entitled to payment as an expense of administration.

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

John K. Lyons, Esquire Skadden, Arps, Slate, Meagher Flom (Illinois) 333 West Wacker Dr., Suite 2100 Chicago, IL 60606-1285 Counsel for the reorganized debtors

Lawrence E. Rifken, Esquire McGuireWoods LLP 1750 Tysons Blvd., Suite 1800 McLean, VA 22102-4215 Local counsel for the reorganized debtors

Neal D. Colten, Esquire Cozen O'Connor 1900 Market Street The Atrium Philadelphia, PA 19013 Counsel for Nason and Cullen, Inc.

Dylan G. Trache, Esquire Wiley Rein Fielding, LLP 7925 Jones Branch Drive, Suite 6200 McLean, VA 22102 Local counsel for Nason and Cullen, Inc.

Michael F. Ruggio, Esquire DUANE MORRIS, LLP 1667 K Street, Suite 700 Washington, DC 20006-1608 Counsel for Philadelphia Authority for Industrial Development

Dennis Early, Esquire Assistant United States Trustee 115 South Union Street, Suite 210 Alexandria, VA 22314