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ARTICLE · 28 NOVEMBER 2024

McDermott's Parallel Restructuring Proceedings: UK Restructuring Plan Meets The Dutch WHOA

McDermott's March 2024 restructuring, utilizing UK Restructuring Plan and Dutch WHOA proceedings, set a precedent for cross-border debt resolution, addressing key issues on insolvency, creditor fairness, and jurisdiction.

United KingdomInsolvency/Bankruptcy/Re-Structuring

In March 2024, McDermott successfully completed a first-ever restructuring implemented by combining the UK Restructuring Plan under Part 26A of the Companies Act 2006 (CA) and the Dutch WHOA (the acronym for the Wet Homologatie Onderhands Akkoord). The McDermott restructuring builds upon the previously successful use of parallel restructuring proceedings in the Netherlands and the UK: the restructuring of the Vroon group where the Dutch WHOA was used in parallel with the UK Scheme of Arrangement, which we covered in the Q4 2023 Newswire at Vroon restructuring: A lesson in adapting to and overcoming challenges.1

In this article, we discuss the key issues in McDermott, which could be relevant for future restructurings involving parallel proceedings.

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