No. 25-25

Avianca Group International Limited v. Burnham Sterling and Company LLC, et al.

Lower Court: Second Circuit
Docketed: 2025-07-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: bankruptcy-code chapter-11 debt-accrual lease-obligation payment-timing statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-11-14 (distributed 2 times)
Question Presented (from Petition)

Whether, for purposes of Section 365(d) of the Bankruptcy Code, the "obligation" of a Chapter 11 debtor under a lease "aris[es]" as soon as the obligation accrues, rather than when payment becomes due.

Question Presented (AI Summary)

Whether the 'obligation' of a Chapter 11 debtor under a lease 'arises' as soon as the obligation accrues, rather than when payment becomes due

Docket Entries

2025-11-17
Petition DENIED.
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-28
Reply of Avianca Group International Limited submitted.
Main DocumentCertificate of Word CountProof of Service
2025-10-28
Reply of petitioner Avianca Group International Limited filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2025-10-15
Brief of Burnham Sterling & Company LLC in opposition submitted.
Main DocumentCertificate of Word CountProof of Service
2025-10-15
Brief of respondents Burnham Sterling & Company LLC, et al. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
2025-08-27
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2025.
2025-08-26
Motion of Burnham Sterling & Company LLC for an extension of time submitted.
Main Document
2025-08-26
Motion to extend the time to file a response from September 15, 2025 to October 15, 2025, submitted to The Clerk.
Main Document
2025-08-14
Response Requested. (Due September 15, 2025)
2025-07-30
DISTRIBUTED for Conference of 9/29/2025.
2025-07-24
Waiver of right of respondent Burnham Sterling & Company LLC to respond filed.
Main DocumentMain Document
2025-07-03
Petition for a writ of certiorari filed. (Response due August 8, 2025)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service
2025-04-17
Application (24A994) granted by Justice Sotomayor extending the time to file until July 3, 2025.
2025-04-15
Application (24A994) to extend the time to file a petition for a writ of certiorari from May 4, 2025 to July 3, 2025, submitted to Justice Sotomayor.
Main DocumentOtherOtherProof of ServiceMain DocumentOtherOtherProof of Service

Attorneys

Avianca Group International Limited
Kannon K. Shanmugam — Paul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Burnham Sterling & Company LLC
Peter M. Friedman — O'Melveny and Myers, Respondent