Avianca Holdings S.A. v. Burnham Sterling & Co. LLC (In re Avianca Holdings S.A.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 1 week ago

Citation:

24-255-bk (2nd Circuit, Feb 03,2025) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...

Judge(s):

WESLEY, LYNCH, and KAHN

Tag(s):

• 2nd Circuit
• Administrative Expense Claims
• Claims
• Executory Contracts/Leases
• Airlines
• 11 U.S.C. § 101(5)(A) and (10)(A); 11 U.S.C. § 365; 11 U.S.C. § 503(b)(1); 11 U.S.C. § 1107(a)

IN RE: LATAM AIRLINES GROUP S.A.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 2 months ago

Citation:

22-1940 (2nd Circuit, Dec 14,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...

Judge(s):

Pierre N. Leval; Denny Chin; and Eunice C. Lee

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Professional Practice Areas
• Airlines
• Business Reorganization
• International Insolvency
• Fed. R. Bankr. P. 1015(b)
• 11 U.S.C. § 502(b)(2); 11 U.S.C. § 1123; 11 U.S.C. § 1124(1);

AMERICAN AIRLINES, INC. v. MAWHINNEY

• Summarized by Lars Fuller , BakerHostetler
• 7 years 5 months ago

Citation:

16-56643 (9th Circuit, Sep 26,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...

Judge(s):

Berzon, Smith, Castel

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Professional Practice Areas
• Airlines
• 11 U.S.C. 362(a)

Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 10 years 2 months ago

Citation:

No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)

Ruling:

Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with...

Judge(s):

D. Jacobs, R. Lohier, G. Crawford (sitting by designation)

Tag(s):

• 2nd Circuit
• Airlines
• Alternative Dispute Resolution
• Business Reorganization
• § 105
• § 1113

Morris Aviation, LLC v. Diamond Aircraft Industries, Inc.

• Summarized by J. Debbeler , Bricker Graydon LLP
• 12 years 6 months ago

Citation:

Sixth Circuit Case No. 12-6021

Ruling:

Airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided...

Judge(s):

Batchelder, Guy, and Boggs

Tag(s):

• 6th Circuit
• Airlines
• Commercial Fraud
• International Insolvency

Conway v. United States

• Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
• 14 years 7 months ago

Citation:

No. 10-40485 (5th Cir. July 19, 2011)

Ruling:

Pursuant to 26 U.S.C. § 6672, the CEO of an airline is personally responsible for excise taxes the airline collected from passengers during his tenure but did not turn over to the United States. ...

Judge(s):

E. Grady Jolly, Catharina Haynes, and James E. Graves, Jr.

Tag(s):

• 5th Circuit
• Airlines

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