| 1. |
Will ATA emerge from bankruptcy? Is ATA going out of business? |
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ATA is going out of business and will not emerge from bankruptcy. ATA filled for Chapter 11 on April
2, 2008 and discontinued all operations on April 3, 2008. |
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| 2. |
Why did ATA file for Chapter 11 protection and discontinue all of its operations? |
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A primary factor leading to these actions was the unexpected cancellation of a key contract for ATA’s
military charter business, which made it impossible to obtain more funding to sustain ATA’s operations or restructure
the business. |
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| 3. |
What is the status of existing supplier agreements with ATA? |
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ATA filed for Chapter 11 under U.S. bankruptcy law on April 2, 2008, and on April 3, 2008, ATA
discontinued all operations. All previous agreements between ATA and its suppliers now will be addressed as part of
ATA’s Chapter 11 proceedings. |
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| 4. |
Will suppliers be paid for goods and services received by ATA before its Chapter 11 filing? |
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Under federal law, ATA’s Chapter 11 filing means that any payments owed by ATA to any supplier of
services or goods received by ATA prior to the Chapter 11 filing — known as “pre-petition” claims — cannot legally be
paid without explicit court authorization. Suppliers seeking payment for their “pre-petition” claims must do so through
the Chapter 11 process. |
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| 5. |
When will suppliers be paid? |
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If you have a pre-petition claim (in other words, a claim for goods and services received by ATA before
it filed its Chapter 11 petition), the Bankruptcy Code prevents payment on such a claim, in most cases, until the Court
has approved a Plan of Reorganization. |
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| 6. |
Why can’t ATA pay me what it owes me? |
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The U.S. Bankruptcy Code prohibits a company from paying for goods purchased or services provided
before the bankruptcy filing. |
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| 7. |
Will suppliers be paid for goods and services delivered after ATA’s Chapter 11 filing? |
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Suppliers who provide goods and services to ATA after the filing of ATA’s Chapter 11 petition will be
entitled to priority administrative claim for those goods and services. |
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| 8. |
How do I know if I have a pre-petition or post-petition claim? |
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Goods received or services provided before the Chapter 11 filing generally are considered pre-petition.
Goods received or services provided on or after the filing generally are considered post-petition. If you are unsure,
please consult with your lawyer. |
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| 9. |
Will there be a process for submitting claims for any unpaid goods and/or services provided before ATA’s bankruptcy date (i.e., pre-petition invoices)? How can I file a claim? |
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Yes. The Court will confirm the procedures and deadlines for filing claims and make that information
available. Information about the claims process is available at http://www.bmcgroup.com/ataairlines or by
calling (888) 909-0100. |
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| 10. |
Will checks from ATA be paid if they are dated prior to ATA’s bankruptcy date and haven’t been deposited yet? |
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No. Because that payment was made for goods or services received prior to ATA’s filing, those checks
are considered pre-petition and will not be honored. You may submit a claim for any such payments in ATA’s Chapter 11
proceedings. Information about the claims process is available at
http://www.bmcgroup.com/ataairlines or by calling
(888) 909-0100. |
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| 11. |
Has a creditors committee been formed? How can suppliers participate in that process? |
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If you are interested in serving on the creditors committee, you may want to consult with a lawyer or
contact the U.S. Trustee’s Office for more information. |
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| 12. |
Where did ATA file its Chapter 11 petition? |
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ATA filed for Chapter 11 in the U.S. Bankruptcy Court for the Southern District of Indiana, in the
Indianapolis section. |
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| 13. |
Who is ATA’s legal counsel? What is their phone number and address? |
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Haynes and Boone, LLP is ATA’s lead bankruptcy counsel. Their phone number is (713) 547-2000, and
their fax is (713) 547-2600. Any correspondence should be addressed to the attention of Kourtney Lyda at Haynes and
Boone, LLP, 1221 McKinney Street, Suite 2100, Houston, Texas 77010. Or by email at
ata@haynesboone.com. |
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| 14. |
What kind of bankruptcy documentation is available from ATA? |
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Please check the claims information website at
http://www.bmcgroup.com/ataairlines. |
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| 15. |
Who can I call if I still have questions or need updates on claims or court hearings? |
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Additional information about ATA’s bankruptcy is available at http://www.bmcgroup.com/ataairlines or by calling (888) 909-0100. |
