Aviation partner Stewart Herman recently spoke with a reporter from the bankruptcy news site onebowlinggreen.com about the issues raised in Katten’s Aviation advisory “Structuring and Practice for Aircraft Leases to Prevent Lease Payments from Being Clawed Back in a Lease Bankruptcy.” The advisory discussed a recent opinion concerning a bankruptcy trustee’s efforts to force an aircraft lessor to return lease rent payments. Stewart stated, “This opinion provides guidance to lessors in making choice-of-law elections and otherwise in structuring leases and later in dealing with defaulting lessees and collecting arrearages from a lessee guarantor, to reduce the likelihood of a successful claim to return rent payments if the lessee becomes a debtor in bankruptcy.” (“Stewart B. Herman, Esq.,” April 23, 2021)
New York
