Opinion
Case Nos. 04-13819, 04-13820, 04-13821, 04-13822, 04-13823.
September 13, 2004
Brian P. Leitch, Esq., Daniel M. Lewis, Esq., Michael J. Canning, Esq., ARNOLD PORTER LLP, Denver, Colorado and Washington, DC and New York, New York, Lawrence E. Rifken, Esq. (VSB No. 29037), Douglas M. Foley, Esq. (VSB No. 34364), David I. Swan, Esq., McGUIREWOODS LLP, McLean, Virginia, Counsel to the Debtors and Debtors-in-Possession.
ORDER GRANTING MOTION TO AUTHORIZE JOINT ADMINISTRATION OF CASES PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 1015(b)
THIS MATTER having come before this Court upon the Motion to Authorize Joint Administration of Cases Pursuant to Federal Rule of Bankruptcy Procedure 1015(b) (the "Motion"), wherein US Airways Group, Inc. ("Group") and four of its subsidiaries and affiliates (the "Affiliate Debtors"), debtors and debtors-in-possession in the above-captioned cases (collectively, the "Debtors"), moved this Court for an order authorizing the joint administration of the Debtors' separate chapter 11 cases for procedural purposes only, the Court finds that (i) it has jurisdiction over the matters raised in 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 Motion is in the best interests of the Debtors, their estates, and their creditors, (iv) proper and adequate notice of the Motion and the hearing thereon has been given and that no other or further notice is necessary, and (v) good and sufficient cause exists for the granting of the relief requested in the Motion after having given due deliberation upon the Motion and all of the proceedings had before the Court in connection with the Motion. Therefore,
Unless otherwise defined herein, all capitalized terms shall have the meaning ascribed to them in the Motion.
The Debtors are the following entities: US Airways, Inc., US Airways Group, Inc., PSA Airlines, Inc., Piedmont Airlines, Inc. and Material Services Company, Inc.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. The Motion is GRANTED.
2. The above-captioned cases are consolidated for procedural purposes only and shall be administered jointly under Case No. 04-13819 in accordance with the provisions of Federal Bankruptcy Rule 1015(b), and the joint caption of the cases shall read as it appears immediately below:
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION
) In re: ) ) Case No. 04-13819 US AIRWAYS, INC., et al.,) Jointly Administered ) Chapter 11 Debtors. ) Hon. Stephen S. Mitchell ) _________________________)
3. Subject to paragraph 4 of this order, all original pleadings shall be captioned as indicated in the preceding decretal paragraph, all original docket entries shall be made in the case of US Airways, Inc., Case No. 04-13819 and a docket entry shall be made in the other Debtors' chapter 11 cases substantially as follows:
An order has been entered in this case consolidating this case with the case of US Airways, Inc., Case No. 04-13819 for procedural purposes only and providing for its joint administration in accordance with the terms thereof.
4. All schedules of assets and liabilities, statements of financial affairs, and proofs of claims shall be captioned and filed in each of the Debtors' respective, separate cases, as appropriate. All other documents shall be captioned and filed solely in the lead case unless otherwise ordered by the Court.