Article
Aircraft Repossession vs Going-Concern Value: How India’s New Insolvency Framework Changes The Position Of Aircraft Lessors
Airline insolvency presents a particularly difficult problem for insolvency law because the assets most critical to keeping the airline operational may not belong to the airline at all. Aircraft are frequently held under operating leases. When an airline enters insolvency, therefore, the resolution professional (“RP”) may be required to preserve the corporate debtor as a going concern while the aircraft lessor seeks to enforce its contractual and international-law rights to recover possession of its aircraft.
King, Stubb & Kasiva