Flying at risk: how should bankruptcy interact with aviation safety enforcement?

Article Abstract:

The interests of a bankruptcy estate should not override aviation safety enforcement, as occurred in In re Horizon Air, Inc. In that case, the Federal Aviation Administration issued an emergency order revoking the air carrier's operating certificate, but enforcement of the order was temporarily restrained by the bankruptcy judge, as the operating certificate was considered property of the estate. Aviation safety regulation should be treated as an exempted police power that is not affected by bankruptcy proceedings. The Department of Transportation should seek a US Supreme Court decision establishing the priority of public safety over bankruptcy issues.

Regulation and Administration of Transportation Programs, Air Safety, Navigtn & Communictn, Safety and security measures, Aeronautics, Powers and duties, Aviation, Transportation law, United States. Federal Aviation Administration

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Is there a claim for damages from the rejection of a collective bargaining agreement under Section 1113 of the Bankruptcy Code?

Article Abstract:

The decisions of the bankruptcy and district courts in In re Blue Diamond Coal Co. maintained incorrectly that section 1113 of the Bankruptcy Code does not allow a claim to be brought for damages resulting from rejection of a collective bargaining agreement. Although the courts regarded the statute's language as unambiguous, section 1113 does not specify that section 365 should not apply to damage claims from court-approved rejection of collective bargaining agreements. Furthermore, there is no evidence that Congress intended the statute to be interpreted as it was in the Blue Diamond decision.

Cases, Damages, Damages (Law), Collective labor agreements

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Toward regularizing appealability in bankruptcy

Article Abstract:

Appealability in bankruptcy cases should conform to general federal practice as much as possible. Finality is more difficult to determine in bankruptcy cases because a number of distinct proceedings are often involved. Nevertheless, some courts have gone too far in allowing finality to be flexibly determined on a case-by-case basis. Instead, a bankruptcy case should be considered final based on procedural completeness and determination of substantive rights.

Appellate procedure, Appeals (Law)

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