IN RE U.S. AIRWAYS GROUP, INC. (Bankr.E.D.Va. 2003)

Case No. 02-83984-SSM, Jointly AdministeredUnited States Bankruptcy Court, E.D. Virginia
November 13, 2003

John Wm. Butler, Jr., John K. Lyons, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, Illinois, for Reorganized Debtors

Lawrence E. Rifken (VSB No. 29037), Douglas M. Foley (VSB No. 34634), McGUIREWOODS LLP, McLean, Virginia, for Reorganized Debtors

ORDER VACATING CONTEMPT ORDER SUBJECT TO REINSTATEMENT UNDER ORDER DATED JUNE 30, 2003 ADJUDGING TAM TRAVEL INC., ET AL. IN CIVIL CONTEMPT
STEPHEN MITCHELL, Bankruptcy Judge

Upon the motion (the “Motion”),[1] wherein US Airways Group, Inc. (“Group”), along with the other reorganized debtors under the plan of reorganization confirmed in these cases (collectively, the “Reorganized Debtors”), filed a Motion for Civil Contempt and for Sanctions against Tarn Travel and 49 other parties (Collectively, the “Tarn Travel Agents”)[2] for knowingly and willfully violating the discharge injunction contained in the Debtors’ plan of reorganization (Docket No.

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3503) (the “Tam Travel Motion”), and the Court (i) having held a hearing on June 30, 2003 on the Tam Travel Motion and having found the Tam Travel Agents in civil contempt (Docket No. 3663) (the “Contempt Order”); (ii) the Reorganized Debtors and Tam Travel Agents having reached a stipulation agreement (“Stipulation”) regarding resolution of outstanding matters under the Contempt Order; and (iii), upon the record herein, after due deliberation thereon, good and sufficient cause exists for the granting of the relief as set forth herein,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. The terms of the Stipulation shall be filed under seal and shall remain confidential by the parties.

2. The Contempt Order is vacated but remains subject to automatic reinstatement by this Court pursuant to the terms of the Stipulation.

3. This Court shall retain jurisdiction to enforce the Contempt Order and the Stipulation.