Mondaq Offshore: Insolvency/Bankruptcy/Re-structuring
Harneys
Insolvency law in Bermuda is principally regulated by the Companies Act 1981 and the Companies Rules 1982, supplemented by a wide body of case law.
Maples and Calder
BVI law is a mixture of statute and common law. The principal statute governing corporate and personal insolvency in the BVI is the Insolvency Act 2003, which is supported by the regulations set out in the Insolvency Rules 2005.
Maples and Calder
Consolidated and amended insolvency and restructuring rules and regulations come into force in the Cayman Islands on 1 February 2018 (the "Amended Rules").
Maples and Calder
In this article Caroline Moran and Nick Herrod, who acted for the successful scheme of companies, discuss the Ocean Rig restructuring of US$3.7 billion in New York law governed debt, the largest ever Cayman Islands restructuring.
Maples and Calder
The Cayman Islands is an overseas territory of the United Kingdom and the legal system is an English-style common law system, which comprises statute law and binding case precedents.
Maples and Calder
Building on what is now a consistent theme in Cayman Islands law; the Privy Council's decision in DD Growth has further reinforced the serious challenges faced by liquidators of investment funds...
Walkers
The Privy Council decision is the most recent in the ongoing liquidation proceedings of Herald Fund SPC.
KRYS Global
Clawback claims in excess of $6 billion of overpaid redemptions have been brought by the Fairfield Sentry liquidators in about 300 United States Bankruptcy Court claims pending before Judge Bernstein...
Maples and Calder
Daniel Bayfield QC and NIck Herrod, primarily through the lens of the Ocean Rig restructuring, but also with reference to the CHC case, explore the circumstances in which the Cayman Islands...
KRYS Global
An order issued by the U.S. Supreme Court this morning denied Farnum Place, LLC's petition for certiorari.
Maples and Calder
In Re China Agrotech Holdings Limited the Cayman Islands Grand Court engaged in some impressive legal gymnastics to reach the right commercial result, granting a (very limited) form of recognition...
Campbells
In Ocean Rig, the Grand Court sanctioned four inter-related schemes of arrangement (the "Schemes"), as part of a group restructuring of over US$3.69 billion of New York law governed debt...
Walkers
The Ocean Rig restructuring process demonstrates that the Cayman Islands scheme of arrangement process is flexible and is well equipped to work through complex restructurings.
Maples and Calder
In a ground-breaking decision for the Cayman Islands as a restructuring centre, the Cayman Islands court has handed down judgment sanctioning four highly complex inter-linked schemes of arrangement.
Carey Olsen
David Jones, counsel at Carey Olsen, and Stuart Gardner, a director at EY in Transaction Advisory Services, writing on behalf of the Guernsey Investment Fund Association, look at Guernsey's role...
KRYS Global
In a recent application for an increase in liquidators' fees in accordance with Practice Direction 3 of 2015...
Stephenson Harwood
This is the first Hong Kong decision where a foreign scheme of arrangement was sanctioned by the Hong Kong Court following a letter of request from a foreign Court.
Mayer Brown JSM
In a first in Hong Kong, the Companies Court has recently sanctioned a creditors' scheme of arrangement proposed by a Bermuda-incorporated...
Proskauer Rose LLP
Earlier this year, Hong Kong's insolvency regime turned a corner with the coming into effect of much needed amendments to its corporate insolvency statute, the Companies Ordinance.
Dillon Eustace
The decision of the High Court in Re Hayes (a debtor) ([2017] IEHC 657), illustrates the impact that the Personal Insolvency Act 2012 (as amended) (the "Act") may have on secondary purchasers of loan portfolios.
Most Popular Recent Articles
Dillon Eustace
The decision of the High Court in Re Hayes (a debtor) ([2017] IEHC 657), illustrates the impact that the Personal Insolvency Act 2012 (as amended) (the "Act") may have on secondary purchasers of loan portfolios.
Maples and Calder
Consolidated and amended insolvency and restructuring rules and regulations come into force in the Cayman Islands on 1 February 2018 (the "Amended Rules").
Maples and Calder
BVI law is a mixture of statute and common law. The principal statute governing corporate and personal insolvency in the BVI is the Insolvency Act 2003, which is supported by the regulations set out in the Insolvency Rules 2005.
Maples and Calder
The Cayman Islands is an overseas territory of the United Kingdom and the legal system is an English-style common law system, which comprises statute law and binding case precedents.
Stephenson Harwood
This is the first Hong Kong decision where a foreign scheme of arrangement was sanctioned by the Hong Kong Court following a letter of request from a foreign Court.
Carey Olsen
Carey Olsen has strengthened its dispute resolution and insolvency practice in Hong Kong with the appointment of Chinese and common law qualified lawyer Yang Yang.
Maples and Calder
In this article Caroline Moran and Nick Herrod, who acted for the successful scheme of companies, discuss the Ocean Rig restructuring of US$3.7 billion in New York law governed debt, the largest ever Cayman Islands restructuring.
Ogier
In a landmark post-Rubin v Eurofinance ruling, the Grand Court of the Cayman Islands has granted common law recognition and assistance to liquidators appointed by the High Court of Hong Kong over an exempted...
Mayer Brown JSM
In a first in Hong Kong, the Companies Court has recently sanctioned a creditors' scheme of arrangement proposed by a Bermuda-incorporated...
Baker & Partners
A recent judgment of the Royal Court has reinforced the wide nature of the court's jurisdiction to order a just and equitable winding up of an insolvent company whilst underlining the court's apparent distaste for désastre in the context of corporate insolvency.
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