Supreme Court of the United States · Official docket →
Avianca Group International Limited v. Burnham Sterling and Company LLC, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-255 · judgment February 3, 2025
Certiorari denied · November 17, 2025
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
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. (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Peter M. Friedman
O'Melveny and Myers
Proceedings
- Nov 17 2025Petition DENIED.
- Oct 29 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 28 2025Reply of petitioner Avianca Group International Limited filed. (Distributed)
- Oct 15 2025Brief of respondents Burnham Sterling & Company LLC, et al. in opposition filed.
- Aug 27 2025Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2025.
- Aug 26 2025Motion to extend the time to file a response from September 15, 2025 to October 15, 2025, submitted to The Clerk.
- Aug 14 2025Response Requested. (Due September 15, 2025)
- Jul 30 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 24 2025Waiver of right of respondent Burnham Sterling & Company LLC to respond filed.
- Jul 03 2025Petition for a writ of certiorari filed. (Response due August 8, 2025)
- Apr 17 2025Application (24A994) granted by Justice Sotomayor extending the time to file until July 3, 2025.
- Apr 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.