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Cross-Border

Anatomy of a cross-border workout

When assets and creditors span jurisdictions, the risk is duplication and conflict. How a single, coordinated strategy keeps a multi-front matter from becoming a multi-front war.

Eleanor R. AshcroftManaging PartnerJanuary 21, 20267 min read

Cross-border insolvency turns on a deceptively simple question: where is the center of the matter, and which forum should lead? Answer it well, and the rest of the strategy follows. Answer it poorly, and a coordinated matter becomes a coordinated crisis.

Map before you move

Before engaging any creditor, chart the assets, obligations, and forums involved. The center of main interests determines recognition, and recognition determines leverage.

This mapping is not academic. It dictates which court can protect which assets, which creditors must be addressed where, and where a settlement can be made to bind everyone at once.

Recognition is leverage

Mechanisms such as Chapter 15 in the United States allow a foreign proceeding to be recognized and its protections extended across borders. Securing recognition early protects assets and signals to creditors that the strategy is coherent and controlled.

Without it, parallel proceedings can pull in different directions — and expose the debtor on every front at once.

One strategy, many desks

Local counsel abroad are essential, but the strategy must remain unified and senior-partner-led at the center. Fragmented advice is how coordinated matters become conflicting proceedings.

The center holds the objective; the desks execute it locally. Kept in that order, even a matter spanning several jurisdictions can be resolved quietly, and often without any public filing at all.

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