News & Analysis as of

Aviation Industry Commercial Bankruptcy

Seward & Kissel LLP

Always Sunny, No Silver Lining, and Err Supply

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Sunnova files for bankruptcy on residential solar woes | Reuters - On Sunday, June 12, the residential solar panel installer announced that it had filed for Chapter 11 bankruptcy, making it the second company of its kind...more

Vedder Price

Strengthening the Cape Town Convention in India: How the newly implemented Protection of Interests in Aircraft Objects Act...

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On May 1, 2025, new legislation came into force in India called The Protection of Interests in Aircraft Objects Act 2025 (the “Act”). The new legislation arises out of the insolvency of Indian airline Go First, where lessors...more

Pillsbury Winthrop Shaw Pittman LLP

Second Circuit Affirms Priority Payment of Broker Fees Included in Aircraft Leases Utilizing the “Billing-Date Approach” Under...

Under Section 365(d)(5), lease obligations arise when payments become due, requiring debtors to comply with all lease obligations post-petition unless and until the lease is rejected within the statutory grace period. On...more

Vinson & Elkins LLP

Aviation Finance: The Outlook for Business in 2025

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Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading...more

Jones Day

Singapore Court Issues Landmark Decision Recognizing Indonesian Restructuring Plan

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The Singapore International Commercial Court ("SICC") has handed down its first insolvency-related ruling. The court granted recognition and full force and effect to Indonesia's flagship airline's restructuring plan. That...more

BCLP

The bankruptcy Pegasus: stalking horse agreements in aviation

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The bankruptcy Pegasus: stalking horse agreements in aviation - The Covid-19 pandemic has had a significant impact on the aviation industry, with regular international travel being halted for prolonged periods since March...more

Katten Muchin Rosenman LLP

What a Lessor and Secured Lender Should Expect From an Opinion Letter of Local Counsel in a Cross-Border Lease

The leasing of a commercial aircraft to an airline in a foreign jurisdiction presents risks to the lessor and its secured lender, including whether an aircraft may readily be repossessed if a lease event of default occurs....more

Katten Muchin Rosenman LLP

Structuring and Practice for Aircraft Leases to Prevent Lease Payments From Being Clawed Back in a Lessee Bankruptcy

Key Points - The risk that prepetition lease payments made by a lessee that is a debtor in a US bankruptcy will be clawed back from an aircraft lessor can be reduced if: - the lease is a true lease rather than a...more

Katten Muchin Rosenman LLP

Protecting a Lessor Against the Recharacterization in Bankruptcy of a Full Payout Aircraft Lease as a Disguised Security Agreement

Often an aircraft financer will structure a secured aircraft loan as a full payout lease in order to facilitate the exercise of remedies in the case of a default by the borrower airline. Specifying that the lease is governed...more

White & Case LLP

Take it from us: Tips for aviation and aerospace professionals on navigating a business transformation - Practical advice on...

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If you are an aviation professional in the COVID-19 era, you are likely learning about, or reacquainting yourself with, the restructuring process. Airlines, helicopter operators and their principals and managers who have...more

Morgan Lewis

UK Corporate Insolvency and Governance Bill: Impact on the Aviation Sector

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The UK Corporate Insolvency and Governance Bill, currently progressing through UK Parliament, will have an impact on various stakeholders in the aviation industry once enacted, due to its moratorium, supply contract, and...more

White & Case LLP

Coronavirus keeps aviation industry grounded - Few sectors have felt the impact of COVID-19 as deeply as aviation, and airlines...

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Coronavirus lockdowns have taken a heavy toll on the financial performance and stability of global airlines and their suppliers. According to aviation tracking site FlightRadar, the number of global passenger flights has...more

White & Case LLP

Lessons from the trenches: Tips from a leasing company’s chapter 11

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Fixed-wing leasing companies should consider six tips for navigating a possible restructuring precipitated by the COVID-19 crisis. About a year ago, I completed the most exhausting marathon of my life serving as the chief...more

Robins Kaplan LLP

Financial Daily Dose 3.17.2020 | Top Story: The Bear Market Roars, with Markets Falling nearly 13% as Whole Sectors of US Economy...

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As Americans [way-too] slowly come to the realization that COVID-19 is a very real and very present threat, the business world is changing around them at a staggering pace. Stocks nosedived again on Monday, with the three...more

Morrison & Foerster LLP

A Clear Or Cloudy Flight Path? The UK’s Future Airline Insolvency Regime

Currently, when a UK airline enters insolvency, its operations cease, aeroplanes are grounded and passengers are stranded – in part due to the heavy industry regulation and, in part, because of complex aeroplane financing...more

Hogan Lovells

Insights from the Airline Economics Growth Frontiers Korea 2019 Conference

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Matthew Leigh, an aviation finance partner in our Singapore office, led the Commercial Aviation Banking Panel at the Airline Economics Conference in Seoul at the end of March....more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The latest on the economic woes on Venezuela, including the status of the country’s bonds and the foreign investors that they’ve attracted (and who are now selling)....more

Herbert Smith Freehills Kramer

Debt Dialogue: July 2017 - Challenging Indenture Reserves

Indentures and other agreements governing complex, multitiered structured debt products will typically contain a series of reserves, the adequacy of whose funding will take precedence over payments to noteholders. While the...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Italy’s Alitalia has filed for bankruptcy yet again, the third filing in less than a decade, and it’s home country looks far less likely to bail out the troubled carrier this time around....more

Troutman Pepper

Trespass And Other Claims: Ever Wonder If Litigation Is Worth It?

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Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC), 525 B.R. 510 (Bankr. N.D. Ga. 2015) – A chapter 11 debtor operated a small private airport. The debtor and an adjacent landowner had a...more

Mintz - Public Finance Viewpoints

Second Circuit Rules Against Make-Whole Premium for Refinancing of Accelerated Debt

The U.S. Court of Appeals for the Second Circuit has upheld a bankruptcy court’s decision enforcing indenture language providing for the automatic acceleration, without make-whole premium, of secured American Airline, Inc....more

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