Bankruptcy judge: No $20M payout for AMR CEO

• Federal bankruptcy judge says CEO Tom Horton not eligible for %2420M deal
• Proposed severance exceeds limits Congress set in 2005 for bankruptcy case
• Antitrust regulators still reviewing American Airlines-US Airways merger

DALLAS (AP) — A federal bankruptcy judge has denied a proposed $20 million severance payment for the CEO of American Airlines as part of the company's merger with US Airways.

The judge ruled late Thursday that the proposed payment to CEO Tom Horton exceeded limits that Congress set for bankruptcy cases in 2005.

The U.S. trustee's office, part of the Department of Justice, had objected to Horton's compensation. Judge Sean Lane declined to approve the payment during a hearing on March 28, but he didn't issue a ruling until Thursday.

Spokespeople for AMR did not immediately return a request for comment.

At that hearing in March, however, Lane approved the plan for American Airlines parent AMR to merge with US Airways in a deal that would create the world's largest airline. U.S. antitrust regulators are reviewing the merger.

Under the merger deal, the new company will be called American Airlines but run by US Airways CEO Doug Parker. Horton would serve as chairman for a few months and then leave with a severance of $19.9 million equally divided between cash and stock.

The trustee's office argued that severance payments to insiders such as CEOs can't be more than 10 times the average severance pay for non-management employees.

AMR argued that the limit didn't apply because the payment would be made by the new company formed after AMR emerges from bankruptcy protection.

But Lane called that argument "somewhat of a legal fiction" because the money was Horton's reward for his work at AMR, not at the new company, which will be called American Airlines Group.

AMR also argued that Horton's payoff was similar to payments made to CEOs in other airline mergers. But Lane said the earlier deals — Delta's purchase of Northwest and United's merger with Continental — didn't occur under bankruptcy and its limits on insider severance payments.