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OST-03-14588

 


ALLCANADA Express Incorporated d/b/a AllCanada Express

OST-03-14588 February 25, 2003 Application for an Exemption from Provisions Canada - US All-Cargo Charter
    Officers & Directors  
    Insurance  
    Canadian Authorization - Air Operator Certificate  
    Operating Summary & Other Agreements  
    Financial Data  
    Opening Argument  

ALLCANADA requests exemption authority to engage in the charter air transportation of property and mail between any point or points in Canada and any point or points in the United States.  Initial points intended to be served in the United States are various cargo hubs such as Louisville, Toledo and/or Dayton.  Service will be property-carrying charter flights on a nightly basis, Monday through Friday, operated with B-727 aircraft in freighter configuration.  Service will be nonstop from a point in Canada to a point in the United States.

ALLCANADA currently leases and operates one B-727 aircraft, C­FACX, MSN 19500, registered in Canada. The Company intends to acquire up to five additional aircraft from the assets of Old Corp upon receiving all regulatory authorities. All aircraft will be used exclusively by ALLCANADA. None of the aircraft are, or will be, wet leased.

Counsel: Meyers & Alterman, Stephen Alterman, 202-293-1030


AllCanada Express Incorporated d/b/a All Canada Express

OST-03-14588 March 10, 2003 Comments of Zwaig Consulting Canada - US All-Cargo Charter

We are the proposed Trustee in Bankruptcy of All Canada Express Limited. Involuntary bankruptcy proceedings were commenced against All Canada in December 2002 on the grounds that All Canada had ceased paying its liabilities as they became due From the information available to us, it seems clear that All Canada is not able to pay, and has not been paying, its obligations generally as they become due. The Ontario Supreme Court of Justice in Bankruptcy has scheduled a hearing for next month to determine whether All Canada should be placed in bankruptcy.

By: Melvin Zwaig


AllCanada Express Inc., d/b/a AllCanada Express

OST-03-14588 March 25, 2003 Motion to Withhold Information from Public Disclosure Canada - US All-Cargo Charter

The information contained in the document relates to the restructuring plan that would involve the transfer of the business from ACE Limited to ACE Inc. The restructuring being contemplated will be effected by one secured creditor with the knowledge and consent of the other secured creditors of ACE Limited and in accordance with applicable laws.

Counsel: Mysers Alterman, Stephen Alterman, 202-293-1030


AllCanada Express Inc. d/b/a AllCanada Express

OST-03-14588 March 27, 2003 Supplemental Motion to Withhold Information from Public Disclosure: Supplemental Application for Exemption Canada - US All-Cargo Charter

Counsel: Meyers Alterman, Stephen Alterman, 202-293-1030


AllCanada Express Inc.

OST-03-14588 April 1, 2003 Correspondence of BAX Global Inc. Application for Economic Authority to Operate as a Foreign Air Carrier

All Canada Express has been a provider of ACMI aircraft services to BAX Global for eight years. During this time they have provided excellent service to our Canadian markets. Please be advised that BAX Global Inc. strongly supports the application of AliCanada Express Inc. for economic authority to operate as a foreign air carrier.

By: Dennis McCartan, 419-867-9911


AllCanada Express Inc. d/b/a AllCanada Expresss

OST-03-14588 April 2, 2003 Comment on the Motion to Withhold Information from Public Disclosure: Supplemental Application for Exemption Canada-US All-Cargo Charter

The transaction referenced in the motion by Incorporated to the Department of Transportation to withhold information is not part of a corporate restructuring. It may simply be an attempt to transfer assets from Limited on the eve of its bankruptcy without the knowledge or consent of its creditors. There is no process currently in place or contemplated by which the creditors of Limited are being asked to provide their consent to this transaction and, consequently, the transaction appears to be improper and ineffective as a matter of Canadian bankruptcy law.

Our firm hereby formally requests that the application by Incorporated to withhold information concerning this transaction, which seems predicated upon prejudicing the rights of the creditors of Limited not be granted and that no proceedings be taken to effect or carry out any transfers of licenses from Limited to Incorporated until the ruling of the Ontario Court of Justice has been received.

Counsel: Zwaig Associations, Melvin Zwaig


AllCanada Express Inc/ d/b/a AllCanada Express

OST-03-14588 April 7, 2003 Supplemental Application for an Exemption No: ACE-SA2 Canada-US All-Cargo Charter
    Bill of Sale  

Contrary to the erroneous assumptions contained in the Comment filed by Zwaig, the sale transaction was not by ACE Limited to ACE Inc., but by a duly appointed Receiver acting on behalf of First Treasury. While the bankruptcy hearing for ACE Limited remains scheduled for April 14, 2003, this fact should have no effect on the Department's issuance of ACE Inc.'s economic authority or fitness determination. ACE Inc. has the prerequisite assets and resources necessary to conduct the operations as requested in its Application for Exemption.

ACE Inc. plans on carrying on the business previously conducted by ACE Limited, but cannot operate between point(s) in Canada and point(s) in the United States without the U.S. economic authority requested on February 25, 2003, and the appropriate operating authority from the Federal Aviation Administration.

Counsel: Meyers Alterman, Stephen Alterman, 202-293-1030

OST-03-14588 April 7, 2003 Withdrawal of Motion to Withhold Information from Public Disclosure:  Supplemental Application for an Exemption No: ACE-SA1 Canada-US All-Cargo Charter

Hereby withdraws its motion to withhold information from public disclosure filed on March 25, 2003. In accordance with the provisions of 14 C.F.R. §302.203, a copy of this Withdrawal and a copy of the Supplemental Application for Exemption No. ACE-SAI will be served upon the other party in interest in this case.

Counsel: Meyers Alterman, Stephen Alterman, 202-293-1030


AllCanada Express Inc. d/b/a AllCanada Express

OST-03-14588 April 8, 2003 Correspondence of DOT - Allen Brown Canada-US All-Cargo Charter

AllCanada Express has an application for exemption pending in Docket OST-03-14588. On March 25, 2003, the applicant filed a supplement to its application together with a motion for confidentiality. On April 7, 2003, the applicant withdrew its confidentiality motion. Pleter Schwarzkopf (C-20) asked me to let you (Dockets) know by this email, that now you may place the contents of that supplement into the public Docket of this case.

By:  DOT Office of International Aviation, Allen Brown

OST-03-14588 April 8, 2003 Correspondence of AllCanada Express Canada-US All-Cargo Charte

If ACE Limited becomes bankrupt after the secured creditor has sold the ACE Limited assets, we have been informed that under Canadian law the only issue a trustee in bankruptcy or any other party with standing can raise about the asset sale is whether the price the secured creditor obtained for the assets was sufficient. In other words, the sale by the secured creditor cannot be set aside - the purchaser has validly acquired the business. Any claim regarding the adequacy of the sale price is solely against the secured creditor, and not against the purchaser of the business (ACE Inc.).

On another note, last year, the Department granted ACE Limited a Statement of Authorization to fly 260 fifth-freedom round-trip charter flights between Newark, New Jersey and Hamilton, Bermuda from April 8, 2002 - April 8, 2003. ACE Inc. has requested similar authority for another year and time is of the essence regarding that contract.

Counsel: Meyers Alterman, Yvette Rose, 202-466-8270


AllCanada Express Inc. d/b/a AllCanada Express

OST-03-14588 April 9, 2003 Correspondence of Finova Capital Canada-US All-Cargo Charter

In the event that the Bankruptcy Order is made, I would expect the Trustee in Bankruptcy to conduct a thorough investigation of any transactions which involved the sale of the assets of AllCanada to a company controlled by its insiders as potentially invalid under the Bankruptcy and Insolvency Act of Canada, especially transactions which took place subsequent to the filing of the Petition. In addition, I would expect the Trustee in Bankruptcy to investigate the possible sale of the business of AllCanada as a going concern for the benefit of all creditors.

Counsel:  Hodgson Tough, James Hodgson, 416-304-6401

OST-03-14588 April 9, 2003 Correspondence of Zwaig Consutling Canada-US All-Cargo Charter

Should the Petition in 'Bankruptcy be supported by the Court, the Trustee will examine the ACE transfer of assets and, if inappropriate, would move to have it set aside.

By: Melvin Zwaig


AllCanada Express Inc. d/b/a AllCanada Express

OST-03-14588 April 17, 2003 Motion for Leave to File an Otherwise Unauthorized Document and Response of AllCanada Express Canada-US All-Cargo Charter

On April 16, 2003, Zwaig Associates Inc. filed a Response As Trustee In Bankruptcy Of AilCanada Express Limited . In this document, Zwaig alleges certain improprieties with respect to AllCanada Express Limited that have the potential to affect the Application for Exemption sought by ACE Inc. and decision making of the Department with respect to that Application. Since these allegations have not yet been fully answered by the Applicant herein, there is good cause, and it is in the public interest, to permit the filing of this otherwise unauthorized document.

Counsel: Meyers Alterman, Yvette Rose, 202-293-1030


ALLCANADA Express Incorporated d/b/a AllCanada Express

OST-03-14588 April 17, 2003 Response of Zwaig Associates Canada-US All-Cargo Charter

This will confirm that our firm has been appointed by the Ontario Superior Court of Justice to be Trustee in Bankruptcy of AllCanada Express Limited. A copy of the Order placing AllCanada Express Limited in bankruptcy and appointing us as its Trustee under the Bankruptcy and Insolvency Act of Canada is attached. We would again reiterate that the Ontario Superior Court of Justice has found evidence that A11Canada Express Limited has removed or disposed of property with the intent to defraud, defeat or delay creditors and we trust that the Department will do nothing that will further or facilitate the carrying out of the objectives of this conduct which the Court has so severely impugned. We will keep the Department apprised of the progress of our investigation and review of the questionable transactions carried out by AllCanada Express Limited. Accordingly, Zwaig Associates Inc. as Trustee in Bankruptcy of AllCanada Express Ltd., respectfully requests that no further action or proceedings be taken in connection with any application to the Department by any affiliates or insiders of AllCanada Express Ltd. pending the completion of the Trustee's review of potentially voidable transactions undertaken or participated in by AllCanada Express Ltd. and pending the Trustee's further report to the Department.

By: H. Grossman


April 28, 2003

OST-03-14588 - Canada-US All-Cargo Charter

Motion to Withdray Comments of Zwaig Associates

Zwaig Associates Inc., by and through the undersigned as Ordered by the Court on April 25, 2003, hereby moves to withdraw all comments to the Application for Exemption authority filed by AllCanada Express Inc. on February 25, 2003.

By: Melvin Zwaig


ALLCANADA Express Incorprated d/b/a AllCanada Express

Filed February 25, 2003 | Issued April 30, 2003

OST-03-14588 - Canada-US All-Cargo Charter

Notice of Action Taken | Word

Notice approve exemption from 49 USC section 41301 to permit the Applicant to conduct all-cargo charter operations between any point or points in Canada and any point or points in the United States, and other all-cago charters in accordance with 14 CFR Part 212 Effective Dates: April 30, 2003 through April 30 2004 Petitions are due: May 9, 2003

By: Paul Gretch


OST-03-14588 - Canada-US All-Cargo Charter

April 27, 2004

Application for Renewal of an Exemption

Has been engaging in the charter air transportation of property and mail between point(s) within Canada and also point(s) in Canada and point(s) in the United States. ACE Inc. has also been operating fifth freedom charter flights of property and mail from Newark, New Jersey to Hamilton, Bermuda and back to Newark, New Jersey. Service on property-carrying charter flights are operated by B-727 aircraft in freighter configurations.

Counsel: Meyers Alterman, Yvette Rose, 202-293-1030, cargoair@aol.com


OST-03-14588 - Canada-US All-Cargo Charter

Filed April 27, 2004 | Issued May 20, 2004

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct all-cargo charter operations between any point or points in Canada and any point or points in the United States, and other all-cargo charters in accordance with 14 CFR Part 212.

By: Paul Gretch


OST-2003-14588 - Exemption - Canada-US Cargo Charters

April 26, 2005

Application for Renewal of an Exemption

ACE Inc. has been engaging in the charter air transportation of property and mail between point(s) within Canada and also point(s) in Canada and point(s) in the United States. ACE Inc. has also been operating fifth freedom charter flights of property and mail from Newark, New Jersey to Hamilton, Bermuda and back to Newark, New Jersey. Service on property‑carrying charter flights are operated by B‑727 aircraft in freighter configurations.

Counsel: Myers & Alterman, Yvette Rose, 202-293-1030, vrose@cargoair.org


OST-2003-14588 - Exemption - Canada-US Cargo Charter

Filed April 26, 2005 | Issued May 18, 2005

Notice of Action Taken

Renew exemption from 49 U.S.C. § 41301 to permit the applicant to continue to conduct all-cargo charter operations between any point or points in Canada and any point or points in the United States, and other all-cargo charters in accordance with 14 CFR Part 212.

By: Paul Gretch


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