The trustee overseeing Avantair’s involuntary bankruptcy is seeking a halt to a class-action lawsuit brought against the company on behalf of former employees alleging Fair Labor Standards Act violations for failure to pay for work performed or provide proper termination notification.
The assets of Clearwater Fla.-based Avantair will be sold and the company liquidated after it failed to meet an August 13 deadline to contest an involuntary Chapter 7 filing in the Florida Middle District U.S. Bankruptcy Court in Tampa. Judge Catherine McEwen signed an order during a hearing on August 16 authorizing the case to proceed under Chapter 7.
On Tuesday, the judge overseeing the Avantair bankruptcy case approved a motion for trustee Beth Ann Scharrer to begin examinations of Avantair CEO Steve Santo, CFO Bret Holmes, president David Haslett, associate general counsel Tom Palmiero, executive vice president Kevin McKamey and executive vice president of finance and operations Stephen Wagman “to obtain any and all documents in [their] possession related to the assets, liabilities and business operations of [Avantair].”
Clearwater Fla.-based Avantair’s assets will be sold off and the company liquidated after it failed to meet a deadline last week to contest an involuntary Chapter 7 filing in the Florida Middle District U.S. Bankruptcy Court in Tampa. Judge Catherine McEwen signed an order on Friday converting the case to full Chapter 7 status and gave former fractional provider Avantair until this Friday to provide the court with a list of creditors, co-debtors and unexpired leases. The court has also given Avantair’s creditors until December 18 to file a claim.
On Tuesday, Avantair asked for more time from the judge overseeing an involuntary Chapter 7 case filed against the fractional aircraft company in the U.S. Bankruptcy Court in Tampa, Fla. Avantair, which had until Tuesday to respond to the filing, argued that the “company continues to negotiate with potential sources of financing and potential plan proponents in an effort to reorganize.”
The involuntary Chapter 7 case against Avantair in the U.S. Bankruptcy Court in Tampa, Fla., is proceeding at a much faster pace than industry sources initially expected. On Thursday, just one week after the case was filed, U.S. Bankruptcy Judge Catherin McEwen held an emergency hearing to consider the filing creditors’ request for appointment of an interim bankruptcy trustee, as well as a motion to prevent removal of business records.
On Thursday, four Texas-based creditors filed an involuntary Chapter 7 (liquidation) bankruptcy filing against Avantair in Florida’s Middle District (Tampa) U.S. Bankruptcy Court. A summons was sent to Avantair on Friday and the company has until August 16 to respond. If Avantair does not respond by then, the court may allow the bankruptcy case to proceed; if it does respond, a hearing will be set and the judge will then decide if the case has merit to proceed.
With its official emergence from bankruptcy today, the new Beechcraft Corp. returns to the roots planted by founders Walter and Olive Ann Beech in 1932.
In a decision opening the way for Hawker Beechcraft to emerge from Chapter 11 bankruptcy in the second half of this month, the U.S. Bankruptcy Court approved the Wichita OEM’s joint plan of reorganization late Friday. “[This] ruling marks the final significant step in the restructuring process,” said Hawker Beechcraft CEO Steve Miller.
Hawker Beechcraft’s key creditors voted “overwhelmingly” on Friday to approve the Wichita-based aircraft manufacturer’s proposed joint plan of reorganization as part of its efforts to emerge from bankruptcy. JPMorgan Securities and Credit Suisse Securities will jointly structure, arrange and syndicate $600 million in exit financing for the post-bankruptcy standalone company, Beechcraft Corp.
- Page 1