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Aviation

Berger Singerman attorneys have extensive depth and experience across many disciplines in the aviation industry.   Florida’s aviation industry has capitalized on considerable strategic competitive advantages from its proximity to the Caribbean and Central and South America, and the industry’s participants require the responsive and effective legal representation that the Firm’s aviation attorneys deliver. We take particular pride in our favorable professional relationships with leading aviation industry consultants, investment bankers, lenders and other attorneys specializing in serving this business sector. The Firm’s aviation attorneys handle complex transactions and other legal matters spanning the full gamut of aviation industry participants and the full range of aviation related legal services.

The Firm’s aviation attorneys have experience representing:

  • Airports and aviation authorities, including development activities adjacent to airports
  • Cargo and Passenger Airlines providing scheduled service and charter operations
  • Fixed-Base Operators
  • Aircraft management and charter businesses
  • Maintenance and Overhaul Agencies
  • Aviation training facilities
  • Engine, Landing Gear and other Parts and Component businesses
  • Buyers, Sellers, Lenders, Lessors and Lessees participating in aviation transactions

Our experience in representing aviation industry participants includes the following activities:

  • Purchase, sale, financing and leasing of aircraft, engines, parts and other equipment
  • FBO operations, and aircraft management and charter agreements
  • Resolving day-to-day operational issues
  • Negotiating service and outsourcing contracts
  • Resolving a wide range of employment matters
  • Corporate acquisitions and divestitures, including purchase and sale arrangements for passenger and cargo airlines
  • Restructuring balance sheet liabilities within and outside of reorganization proceedings

Our experience focusing on airports and airport concessions includes the following activities:

  • Negotiating with Federal and State airport regulators (including the FAA)
  • Representing clients in the procurement process
  • Leasing and concession arrangements involving airport facilities
  • Subleasing of various operational aspects of an airport
  • Resolving day-to-day operational issues with landlords and tenants
  • Resolving a wide range of employment matters
  • Resolving noise, environmental and other regulatory or administrative issues

In addition to our aviation industry representations outside of financial distress situations, our aviation attorneys also collaborate closely with the Firm’s nationally-recognized Business Reorganization Team in many of Florida’s most complex consensual workouts and bankruptcies of aviation industry participants.  This deep restructuring expertise also offers a significant resource to sophisticated investors considering an investment in distressed aviation related assets.

Our significant representations in the aviation industry include:

  • Legal Counsel to the Boca Raton Airport Authority, 2006 to present.
  • Represented DHL Aviation in connection with several cargo jet and jet engine transactions.
  • Spearheaded a successful lobbying effort to open the news and gifts concession at the Fort Lauderdale/ Hollywood International Airport to competitive bidding for the first time in two decades.
  • Served as legal counsel for work on the acquisition of a proposed 800 acre fly in/fly out community including a self-contained FAA and Florida Department of Transportation licensed airport.
  • Represented Avensa, then the largest private Venezuelan airline, in several aircraft purchase, sale, lease and financing transactions, including the first 757 placed into service in Latin America.
  • Represented lessor of commercial jet aircraft to Aero Mexico in connection with financing and other transactions.
  • Represented Flight Attendant’s Union in aircraft mortgage transaction with American Airlines.
  • Represented GPA Aviation in connection with Latin American commercial jet transactions.
  • Represented various owners, operators, lenders and customers in connection with FBO, aircraft components and parts, and aircraft management and charter transactions.
  • Counsel to aircraft lessor to international cargo carrier.
  • Represented one of the largest independent executive jet dealers in a successful out of court restructuring of more than $500 million of secured debt on aircraft.
  • Represented jet charter company in purchase of Pacific Jet.
  • Represented Gulfstream International Group and its affiliates in connection with its bankruptcy reorganization, including pre-petition negotiations and agreements for aircraft and engine lease arrangements, debtor-in-possession financing, and ultimately, the sale of the going concern pursuant to a contested auction under Section 363. These transactions involved more than a $50 million of debt and other obligations.
  • Represented Aloha Airlines and affiliates in their Debtor-In-Possession financing from Cerberus Capital and Goldman Sachs and their bankruptcy sale to Yucaipa investment funds.
  • Represented Piper Aircraft in $100 million sale of assets from bankruptcy; and the Piper Aircraft Irrevocable Trust, organized to pay future claims.
  • Represented low-cost airline with large antitrust claim in negotiations and potential litigation against legacy air carrier in its chapter 11 case.
  • Debtor’s counsel in a number of aviation related cases, including Atlas Air and Gemini Air Cargo.
  • Representation of Corporate Recovery Group and Boeing Capital Corporation in a joint venture to acquire Hawaiian Airlines under a competing plan of reorganization in the Hawaiian Airlines Chapter 11 case. Co-counsel to the Ad Hoc Committee of Class A Equipment Trust Certificate Holders in the 2004 Atlas Air Chapter 11 in connection with $1.6 billion due under leases  subject to Section 1110 of the Bankruptcy Code for jet aircraft, engines and equipment.
  • Lead representation of the New Piper Aircraft, Inc., the leading manufacturer of general aviation aircraft in the United States, in connection with an out-of-court workout (2003) and debt restructuring (2005) with its secured creditors to avoid bankruptcy.
  • Lead representation of Fine Air Services Corp., Arrow Air, and its other affiliates, a Miami-based international cargo airline with over $275 million in debt, as debtors in Chapter 11 reorganization.