Midway Airlines made repayments to its two principal shareholders, James Goodnight and John Sall, just prior to filing for Chapter 11 bankruptcy protection last month and attorneys say the funds will probably have to be returned and divided with the company's other creditors. The attorneys, including Stuart Gold, who has a practice in Southfield, Mich., say the repayment appears to be in violation of bankruptcy law. Midway has close to $300 million in enhanced equipment trust certificates, which are the main form of financing for most U.S. airlines. This is the first test of the structure in a bankruptcy proceeding (BW, 8/27). Calls to Goodnight and Sall at SAS Institute, a computer software company they own in Cary, N.C., were referred to a spokesman, who declined comment. Jeb Jeutter, an attorney at Kilpatrick Stockton in Raleigh, N.C., who represents Midway, did not return calls placed to his office.
September 02, 2001