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    Defensible DOCAs
    2026-05-01

    In recent years, we have seen the deed of company arrangement or "DOCA" being used in Australia by sophisticated investors as a restructuring tool of choice. This is primarily due to the swiftness in which a DOCA can be implemented and its flexibility to effect a broad range of restructuring transactions with relative ease.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, White & Case LLP
    Authors:
    Timothy Sackar , Jillian McAleese , Ashleigh Tang , Valarie Brewer
    Location:
    Australia
    Firm:
    White & Case LLP
    Is a scheme of arrangement a “Chapter 11” in disguise?
    2026-05-01

    To those familiar with both U.S. and Australian insolvency regimes, Australia's creditors' scheme of arrangement (Scheme) may appear, at first glance, to resemble a Chapter 11 restructuring in disguise. This is because both regimes facilitate creditor compromise, allow incumbent management to remain in control, involve court supervision and rely on class-based voting structures to approve a restructuring outcome.

    Filed under:
    Australia, USA, Insolvency & Restructuring, Litigation, White & Case LLP, Purdue Pharma, Corporations Act 2001 (Australia)
    Authors:
    Timothy Sackar , Gregory F. Pesce , Jillian McAleese , Marcus Carlei
    Location:
    Australia, USA
    Firm:
    White & Case LLP
    Section 447A: A significant reserve in a voluntary administrator’s statutory tool kit
    2026-05-01

    It is well understood that Australia's voluntary administration regime provides companies and their administrators with significant flexibility to promote business restructurings. This is in large part due to the statutory moratorium afforded to insolvent companies, allowing breathing space for the administrator to work with relevant stakeholders to promote a sale and/or restructuring via a deed of company arrangement.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, White & Case LLP, Virgin Australia Holdings, Corporations Act 2001 (Australia)
    Authors:
    Timothy Sackar , Jillian McAleese , Liam Beashel
    Location:
    Australia
    Firm:
    White & Case LLP
    Validation Orders: Balancing Asset Preservation and Business Continuity
    2026-04-30

    Imagine operating a company, only to find without any warning that the company’s bank accounts have been blocked. The immediate consequence is one of acute disruption and uncertainty. You learn that a winding-up petition has been filed against the company, triggering restrictions that effectively prevent it from carrying out ordinary financial transactions. At that point, a pressing question arises: how is the business expected to continue operating under such constraints?

    Filed under:
    Cyprus, Insolvency & Restructuring, Litigation, Elias Neocleous & Co LLC
    Authors:
    Iraklis Kyprianou
    Location:
    Cyprus
    Firm:
    Elias Neocleous & Co LLC
    Federal Court Confirms it has No Jurisdiction in Bankruptcy Matters
    <br>
    1969-12-31
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
    Authors:
    Trevor A Courtis
    Firm:
    McCarthy Tétrault LLP
    Purdue Doesn’t Stop Chapter 15 Recognition and Enforcement of Third-Party Releases
    <br>
    2026-04-17

    The U.S. District Court for the District of Delaware has issued a significant ruling in the cross‑border insolvency practice that reaffirms U.S. recognition of foreign restructuring plans containing third-party releases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Jeffrey N. Rothleder
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Two Recent Decisions Address the Pleading Standard for Preference Actions
    1969-12-31
    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Due diligence
    Authors:
    Jason W. Harbour , Olivia “Liv” Maier
    Firm:
    Hunton Andrews Kurth LLP
    Breaking News: Federal Supreme Court Clarifies - No Suspension of Deadlines during Summary Debt Enforcement Proceedings Before Courts
    2026-04-23

    In a landmark decision dated 27 March 2026 (5A_989/2025, published on 21 April 2026), the Swiss Federal Supreme Court ("Federal Supreme Court") clarified for the first time whether the provisions of the Swiss Civil Procedure Code ("CPC") on the suspension of deadlines during holiday periods apply to summary proceedings governed by the Federal Act on Debt Enforcement and Bankruptcy

    Filed under:
    Switzerland, Insolvency & Restructuring, Litigation, Schellenberg Wittmer
    Authors:
    Louis Burrus , Urs Hoffmann-Nowotny , Benno Strub , Florian Huber
    Location:
    Switzerland
    Firm:
    Schellenberg Wittmer
    In re Honey Do Franchising Group, Inc.: Bankruptcy Court Confirms Franchisor’s Subchapter V Plan, Imposes Five-Year Term, and Highlights Operational and FDD Risks
    1969-12-31
    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Buchalter
    Authors:
    Thomas M. O'Connell
    Firm:
    Buchalter
    “Indicative Rulings”: Settling Bankruptcy Disputes At Circuit Court Of Appeals (Cox v. Nostaw) (Part 4)
    2026-04-23

    How does the “indicative rulings” process work when a settlement occurs while a bankruptcy dispute is pending on appeal before a U.S. circuit court of appeals?  In such circumstance: 

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC

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