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Aircraft leasing update: second circuit gives liftoff to billions in unsecured tax indemnity claims

  • Jones Day
  • -
  • USA
  • -
  • April 13 2011

When an airline goes bankrupt, do the owner participants in aircraft leverage-lease transactions have a right to recover on monetary claims (worth billions) based on tax indemnification agreements ("TIAs")? The answer lies in the meaning of the words "paypaidpays," which had been the subject of conflicting interpretations in the bankruptcy and district courts in the Northwest Airlines and Delta Air Lines bankruptcy cases