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Avianca Group International Limited v. Burnham Sterling and Company LLC

Petition for certiorari denied on November 17, 2025

Docket No. Op. BelowArgument Opinion Vote Author Term
25-025 2d Cir. N/A N/A N/A N/A OT 2025

Issue: 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 is incurred, rather than when payment becomes due.

DateProceedings and Orders (key to color coding)
04/15/2025Application (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.
04/17/2025Application (24A994) granted by Justice Sotomayor extending the time to file until July 3, 2025.
07/03/2025Petition for a writ of certiorari filed. (Response due August 8, 2025)
07/24/2025Waiver of right of respondent Burnham Sterling & Company LLC to respond filed.
07/30/2025DISTRIBUTED for Conference of 9/29/2025.
08/14/2025Response Requested. (Due September 15, 2025)
08/26/2025Motion to extend the time to file a response from September 15, 2025 to October 15, 2025, submitted to The Clerk.
08/27/2025Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2025.
10/15/2025Brief of respondents Burnham Sterling & Company LLC, et al. in opposition filed.
10/28/2025Reply of petitioner Avianca Group International Limited filed. (Distributed)
10/29/2025DISTRIBUTED for Conference of 11/14/2025.
11/17/2025Petition DENIED.