Amsterdam wrote:Spohr cant decide to let such a company that is not even his own go bancrupt.
German government, shareholders, millions of germans, creditors, 140.000 employees etc vs 1 man (or maybe a couple of them) who doesnt own the company.
He said was he said as a message, nothing more.
1) any chief executive has a power to apply for bankruptcy protection, if the conditions are met. Politics notwithstanding.
2) in many jurisdictions, including a plurality of civil law jurisdictions (I know Switzerland is one; don't know for sure if Germany is, but I would suspect so) the management is
criminally liable, if they do not file for bankruptcy, if proscribed conditions are met (either liabilities exceeding assets, or technical insolvency of having insufficient liquidity to cover the bills due). There is a time window, before having learned of company being bankrupt, and appearing in front of the judge, that allows the management to stay innocent.
From legal point of view, I would suspect a great plurality of airlines in the world, one way or the other, are technically bankrupt. Maybe even majority. Possibly most of them.
An airline surely can't meet its current obligations, if it routinely refuses to refund cash for tickets for canceled flights, claiming "it's a crisis out there, no cash available". "No cash available" to repay your debt is insolvency.
So, the fact that airlines (including LH) are not filing for bankruptcy, for now, is indeed a choice; and actually a personal risk for many an executive.
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