On November 18, 2020, Norwegian Air Shuttle ASA (“Norwegian”) and Arctic Aviation Assets DAC (“AAA” and together with Norwegian, the “Debtors”), and certain non-debtor affiliates, commenced a foreign proceeding in Ireland (the “Irish Examinership Proceeding”) under Part 10 of Ireland’’s Companies Act 2014 before the High Court of Ireland (the “Irish Court”). On December 8, 2020, Norwegian commenced a supplemental foreign proceeding in Norway (the “Reconstruction Proceeding,” together with the Irish Examinership Proceeding, the “Foreign Proceedings”) under Norway’s Temporary Reconstruction Act (2020) before the District Court of Oslo (the “Norwegian Court”). The Foreign Proceedings are intended to allow the Debtors to restructure their finances while continuing normal operations under the protections offered by the Irish Court and the Norwegian Court.
On March 12, 2021, Geir Karlsen in his capacity as the foreign representative (the “Foreign Representative”), filed a voluntary petition for each of the Debtors under chapter 15 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”). The chapter 15 cases are ancillary proceedings to the Foreign Proceedings.
On April 28, 2021, the Bankruptcy Court entered the Order Granting Recognition of Foreign Main and Nonmain Proceedings and Certain Related Relief Under Chapter 15 of the Bankruptcy Code [Docket No. 22] (the “Recognition Order”). Pursuant to the Recognition Order, the Bankruptcy Court, among other things: (i) recognized (a) the Reconstruction Proceeding of Norwegian as a foreign main proceeding, (b) the Irish Examinership Proceeding of AAA as a foreign main proceeding, and (c) the Irish Examinership of Norwegian as a foreign nonmain proceeding, and (ii) enforced in the United States the relief granted by the Norwegian Court and the Irish Court in the Foreign Proceedings.
On May 26, 2021, the schemes of arrangement and the reconstruction plan in the Foreign Proceedings became effective. On the same day, the Foreign Proceedings concluded and all duties of the Examiner of the Irish Examinership Proceeding were discharged.
On May 27, 2021, the Foreign Representative filed the Final Report of the Foreign Representative and Motion for Order Closing Chapter 15 Cases [Docket No. 25]. On July 8, 2021, the Bankruptcy Court entered the Order Closing Chapter 15 Cases [Docket No. 28]. All cases are closed.
To File a Claim:
Claims governed by Norwegian or Nordic law may still be filed in the Reconstruction Proceeding. All such claims should be submitted to email@example.com. Although there is no proof of claim form, each submitted claim should (i) disclose the total claimed amount, (ii) note whether the claim is secured (and if so, the nature of the security interest), and (iii) include the creditor’s name and address, as well as any relevant documentation supporting the claim.
For further information regarding claim submission in the Reconstruction Proceeding, please contact Håvard Wiker, the Reconstructor, by email at firstname.lastname@example.org, or by phone at + 47 2 300 3440 (International, toll).