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The National Academies

ACRP 11-01/Topic 01-07 [Final]

The Impact of Airlines Bankruptcies on Airports
[ ACRP 11-01 (Legal Aspects of Airport Programs) ]

  Project Data
Funds: $37,000
Research Agency: Jocelyn Waite, Jocelyn Waite Associates
Principal Investigator: James B. McDaniel
Effective Date: 10/1/2007
Completion Date: 12/1/2009

           This report, prepared by Jocelyn K. Waite, Esq., of Reno, Nevada, examines those legal issues presented by the filing of airline bankruptcies that are relevant to airports, and explores how airport lawyers and courts have responded to those issues. This report addresses the basics of bankruptcy theory and law relevant to airport operating agreements with airlines, and identifies issues such as lease re-characterization and payment of stub period rent  that particularly affect airports dealing with airlines in bankruptcy. The report also provides an overview of bankruptcy basics.  The report does not address the specific details of bankruptcy procedures.


[1] Stub period rent is the rent owed for the “stub period,” that is “the period from the bankruptcy filing date to the end of the first month of bankruptcy administration.” In re UAL Corp., 291 B.R. 121, 122 (Bankr. N. D. Ill. 2003). Discussed in Section II.D.4. Stub Period Rent, infra.

 
Status: Completed. The report is published as ACRP Legal Research Digest 6.
 

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