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 (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

Question Presented (OCR Extract)

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. (1)

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