American court hearing recordings and interviews - Season 7. Episode 10. February 26, 2024. In re Yellow Corporation et al., chapter 11 bankruptcy case no. 23-11069, audio of hearing held in the Yellow Corp. bankruptcy proceedings pending in Delaware, USA, #trucking

Episode Date: March 24, 2024

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Good morning. We are on the record in Ray Yellow Corporation, which is case number 23-11069. And Mr. Flade, you can take us through our agenda this morning. Thank you, Your Honor. We have two matters on the agenda today. The first is the ADR procedures, and I'm pleased to report, Your Honor, that we believe we have resolved all of the objections, all the people we have spoken to, have confirmed that their objections are resolved. We did not get a couple responses from people, which is why we didn't submit a certificate of counsel before the hearing because I was not 100% confident,

but I do not believe there's anybody here that is going to object. And so we would ask, Your Honor, to enter the order, which is at docket number 2379-1, unless Your Honor has any questions. No, what on my first see if there's anyone who didn't receive? respond to you but wants to now show up and raise an objection. So is there any party in interest that objects to the entry of the motion, the ADR motion? Okay, seeing no one, first of all, let me thank you for exercising caution in submitting it

and giving it, making sure that we didn't have an objection before submitting under certification. So I appreciate the prudence in that regard. I've reviewed the motion and order. think that the procedure set out are thoughtfully done. Obviously, you've gotten the consent of either express or implicit, of all affected parties, and we are happy to go ahead and enter that order after this hearing. Very good. Thank you very much, Your Honor.

We appreciate everyone else's help in getting to an agreed set of procedures, and we are hopeful that it will lead to the settlement of many, many, many proofs of claim. Thank you. The only other matter today was the lease assumption motion, and that has been, Your Honor, I ignored on that this morning. There are two items that I need to mention for the record. The first is we had one landlord that wanted us to confirm on the record, and that is the landlord for the Windsor, Ontario lease. That lease had been previously rejected, a docket number 548. In an early version of the list of assumption, we had mistakenly included this lease on the list, but that was removed from the final list, which is part of the order Your Honor entered this morning.

So that particular lease is not being assumed, and I'm just confirming that on the record for that counterparty, which asked us to do so. Okay. And the second item is for a couple of the landlords, we are entering into a discovery schedule. And that includes an extension by agreement of the 365D4 deadline. And pursuant to our agreement, we need to get time on Your Honor's calendar, hopefully sometime the week of April 15th, if the matters aren't resolved for a hearing. And I think we approximately would need about half a day if Your Honor has any time that week.

Let's take a look. That week, subject to the ever-president. doesn't risk that Ms. Barkstay will tell me that I can't read my own calendar. It looks like open. Should we say Thursday? This is just to pick a date almost at random, but Thursday the 18th. If there's a preference for a different day that week, I'm pretty flexible. I think that's fine, Your Honor.

All right. Should we say 10 o'clock and see if we can? So my usual, I should say this, my usual start. time is at 10 o'clock. That's mostly intended to be courteous people who are taking a train in from out of town. If people are going to be here the night before anyway, I'm happy to start earlier than that. So really, whatever folks prefer. I think that's fine with us, Your Honor. I don't know if there's any other counterparties that has a preference. Good morning, Your Honor. Yeah, Ms. Perry.

Good morning, Your Honor. Deborah Perry, on behalf of Finlayson Logistics, the stipulation that the court entered this morning with respect to my client has a hearing date for April 11th. So I just wanted to make clear. I know that there are other landlords who have that hearing the week of April 15th. Due to my schedule, I'm available Monday and Tuesday the week of April 15th, but I've agreed with the debtors that our hearing will be on April 11th. And we already have that on the calendar around it. That's part of the currently scheduled on-office.

Okay, right. So April 11th is a regular month. So to the extent, and I saw I entered an order that had a discovery schedule and set a hearing on that for the 11. So that will proceed on the 11th. Now you're talking about other matters. That's correct. As to which we haven't yet entered a stipulation. Okay.

So should we just – okay, very well. Thank you, Ms. Perry. So should we just give you the morning of the 18th? Let's say we'll start at 10 o'clock if someone wants to say otherwise you can tell us, but otherwise we will hold essentially the morning of the 18th for whatever assumption disputes. are brought before me. Very good, Your Honor. Thank you. Thank you.

Okay. Anything further, Mr. Slick? Not today, Your Honor. Thank you very much. Okay, thank you very much. I appreciate that. While we're here this morning, is there any other party in interest

that would like to be heard on any matter or any other way in which the court can be constructive? Okay. If not, I appreciate the, again, all of you making my job so easy, much appreciated. And I guess there are a number of things coming down the pike, just so I understand the state of play. The next omnibus in this case is when?

March 6th. Is March 6th, right? And is what's coming on, is the dispute over the motion to compel arbitration of the pension claims dispute that day? Yes, Your Honor. Okay. And should I expect that on March 5th, I'm going to get a stipulation in which you tell me it's all resolved and not to worry about it? Or should I spend time getting ready to resolve a dispute? I think that's unlikely.

Okay. Again, I'm asking this only in the broadest sense. I'm going to hold anyone to anything. Anything's possible, Your Honor. Okay. I have no reason to believe that that will not go forward on March the 6th. Okay. Terrific.

Okay. So again, thanks to everyone. I will get to see you then on March 6. And until then, we're adjourned. Thank you.