On November 18, 2020, Norwegian Air Shuttle ASA (“Norwegian”) and Arctic Aviation Assets DAC (“AAA”) (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 (the “Companies Act”) 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) (the “Norwegian Reconstruction Act”) 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, through which the Debtors have asked the Bankruptcy Court, among other things, to (i) recognize (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) enforce in the United States the relief granted by the Norwegian Court and the Irish Court in the Foreign Proceedings.
The U.S. cases are pending before the Honorable Michael E. Wiles and are being jointly administered for procedural purposes under case number 21-10478. This is the official website for the chapter 15 cases maintained by the Debtors’ U.S. noticing agent.
For further information regarding the chapter 15 cases, please contact Omni Agent Solutions, the Debtors’ U.S. noticing agent, by email at email@example.com, or by phone at 866-956-2138 (US & Canada, toll-free) or 818-528-5949 (International, toll).
For further information regarding the Irish Examinership Proceeding, please contact Kieran Wallace, the Examiner, by email at firstname.lastname@example.org.
To File a Claim:
Claims should be filed in both the Irish Examinership Proceeding and the Norwegian Reconstruction Proceeding, but at minimum, must be filed in the Irish Examinership Proceeding to be eligible to receive a distribution in accordance with the Scheme proposals. Although the voting process in Ireland has concluded, claims may still be submitted.
All claims should be sent to email@example.com for the Irish Examinership Proceeding and to firstname.lastname@example.org for the Reconstruction Proceeding. There is no proof of claim form, however, 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.