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America February 6, 2024 3 mins read

SAS Cleared for Chapter 11 Plan Vote Amidst Turbulence

America ı By Rochdi Rais

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SAS Cleared for Chapter 11 Plan Vote Amidst Turbulence

In a dramatic turn of events, SAS, the parent company of Scandinavian Airlines, has navigated through stormy legal waters as a New York bankruptcy judge granted approval for the airline's Chapter 11 reorganization plan to proceed to a crucial creditor vote.

Avoiding Legal Turbulence

The courtroom atmosphere crackled with anticipation as SAS received accolades from U.S. Bankruptcy Judge Michael E. Wiles for skillfully averting what could have been a chaotic legal showdown. Amidst the complexities of SAS's financial woes, Judge Wiles applauded the parties' adept handling, describing the potential legal quagmire as averted chaos.

"This was potentially a very contentious and expensive and unduly complicated case," Judge Wiles remarked, underscoring the magnitude of the legal hurdles SAS successfully surmounted.

SAS Gets Clearance For Ch. 11 Plan Vote: A Saga of Financial Struggles

SAS's journey to this pivotal moment has been fraught with challenges. The Scandinavian airline behemoth, burdened with a staggering $1.35 billion in debt, sought sanctuary under Chapter 11 protection in July 2022 amidst a perfect storm of a pilot strike, COVID-19 travel restrictions, and industry-wide downturn.

Compounded by the weight of missed deadlines, SAS faced default after failing to secure approval for its reorganization plan disclosure statement by the stipulated date of November 4, 2023.

SAS Gets Clearance For Ch. 11 Plan Vote: Rescue in Sight

However, hope flickered anew as a lifeline materialized in the form of a $500 million financing package, part of a $1.18 billion rescue endeavor spearheaded by Castlelake LP, Air France, the Danish government, and Lind Invest ApS.

Under the proposed reorganization plan, the consortium's members stand to claim a substantial stake in the revitalized SAS, alongside a provision for general unsecured creditors to receive a share of $325 million in cash and remaining equity.

SAS Gets Clearance For Ch. 11 Plan Vote: Navigating Objections

At the recent hearing, SAS's legal team asserted resolution of objections raised by the U.S. Trustee's Office and brokered a deal with the unsecured creditors committee to assuage concerns regarding the proposed plan.

Of particular contention was the allocation of $220 million to a general unsecured trust, earmarked for potential claims stemming from a court-determined violation of EU rules regarding government aid granted to SAS in 2020.

Legal Maneuvers

Addressing these concerns head-on, the creditors committee secured a settlement augmenting the pool available to creditors by $7.2 million. Furthermore, a commitment to expedite the resolution of the interest claim was pledged, offering a glimmer of hope for swifter resolution.

Legal Eagles in Flight

SAS's legal representation, comprising Gary T. Holtzer, Kelly DiBlasi, David Griffiths, and Lauren Tauro of Weil Gotshal & Manges LLP, showcased prowess in steering the airline through treacherous legal currents.

In Conclusion

As SAS charts its course through the tempest of Chapter 11 proceedings, the clearance for its reorganization plan vote heralds a pivotal moment in its journey toward financial stability.

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Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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