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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
    Cayman Islands Grand Court appoints provisional liquidators notwithstanding a stay in favour of arbitration
    2026-04-21

    In Peakwave Investment Management Ltd v Energy Evolution GP Ltd [2026] CIGC (FSD) 7, the Cayman Islands Grand Court has provided further guidance on the interplay between arbitration and winding up proceedings.

    In this case, the Court appointed provisional liquidators to protect company assets pending the outcome of foreign arbitration proceedings, despite having stayed the winding up petition. The decision shows that arbitration and insolvency proceedings can operate as complementary parts of the overall dispute-resolution process.

    Filed under:
    Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mourant
    Authors:
    Jessica Vickers , Andrea Korajlija
    Location:
    Cayman Islands
    Firm:
    Mourant
    US Bankruptcy Court denies motion to dismiss involuntary chapter 11 petition against Chinese real estate company
    2026-04-14

    The United States Bankruptcy Court for the Southern District of New York (Court or New York Court) has denied Xinyuan Real Estate Company Ltd. (Xinyuan or Debtor)’s motion to dismiss an involuntary chapter 11 case filed against it by a group of noteholders.

    The ruling, made on March 3, 2026, has implications for the interplay between United States bankruptcy proceedings and foreign schemes of arrangement, particularly when the foreign scheme is at an impasse.

    Below, we discuss the background of the decision and its practical implications for foreign companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Xinyuan Real Estate
    Authors:
    Craig Martin , Gregory Juell
    Location:
    USA
    Firm:
    DLA Piper
    The Evolved “Engaged In Commercial Or Business Activities” Standard For Subchapter V Eligibility (In re Stevens)
    1969-12-31
    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Internal Revenue Service (USA), US Congress, Internal Revenue Code (USA)
    Authors:
    Donald L. Swanson
    Firm:
    Koley Jessen PC
    Arbitrating An Automatic Stay Dispute—And U.S. Constitution’s Bankruptcy Uniformity (Goldman Sachs v. Brown)
    1969-12-31
    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, US Congress, Goldman Sachs, Federal Arbitration Act 1926 (USA), Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Firm:
    Koley Jessen PC
    Newsletter du 30 mars au 10 avril 2026 | n° 123
    2026-04-21

    La présente Newsletter de Monfrini Bitton Klein vise à offrir, de manière hebdomadaire, un tour d’horizon de la jurisprudence rendue par le Tribunal fédéral dans les principaux domaines d’activité de l’Etude, soit le droit pénal économique et le recouvrement d’actifs (asset recovery).

    Filed under:
    Switzerland, Insolvency & Restructuring, Litigation, White Collar Crime, Monfrini Bitton Klein
    Location:
    Switzerland
    Firm:
    Monfrini Bitton Klein

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