UNITED AIRLINES, INC. v. U.S. BANK N.A.

No. 05-1871.

406 F.3d 918 (2005)

UNITED AIRLINES, INC., and The Official Committee of Unsecured Creditors, Plaintiffs-Respondents-Appellees, v. U.S. BANK N.A. and The Bank of New York, as Indenture Trustees, Defendants-Petitioners-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 2005.


Attorney(s) appearing for the Case

Ronald Barliant, Gerald F. Munitz, Anne M. Sherry, Goldberg, Kohn, Bell, Black Rosenbloom & Moritz, Ltd., Chicago, IL, Richard Hiersteiner, Jeanne P. Darcey, Michael T. Gass, Palmer & Dodge, LLP, Boston, MA, for Plaintiffs-Respondents-Appellees.

James E. Spiotto, Ann E. Acker, Jeffrey G. Close, and Franklin H. Top III, Chapman and Cutler LLP, Chicago, IL, Nathan P. Eimer, Eimer Stahl Klevorn & Solberg LLP, Chicago, IL, Edward P. Zujkowski, Emmet, Marvin & Martin LLP, New York, NY, for Defendants-Petitioners-Appellants.

Before COFFEY, EASTERBROOK, and WILLIAMS, Circuit Judges.


EASTERBROOK, Circuit Judge.

When United Airlines entered bankruptcy in 2002, it operated about 460 airplanes. Some 175 of these had been acquired via financing leases subject to 11 U.S.C. § 1110, which provides that to retain leased planes a debtor must pay the whole rent. The statute contains an exception for consensual workouts, see § 1110(b), and United's lessors initially agreed to accept less than the contractual payments. As the reorganization dragged...

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