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Top 10 Insolvency/Bankruptcy, Re-structuring Headlines from Offshore

A discussion relating to a recent decision, which has important implications for insolvency procedures and particularly the difference between Cayman Islands law and the UK and USA.
The recent decision of Rubin v Euro Finance SA & Others [2012] UK SC 46 has been welcomed in England and Wales as clarifying the English common law applying to the recognition and enforcement of foreign judgments made in relation to foreign insolvency proceedings.
The ruling of the second US Circuit Court of Appeals in a recent case has resolved one particular uncertainty while retaining a versatile and open-ended approach to assessment of the criteria which govern Chapter 15 relief.
The Companies Bill recently passed in the Legislative Council renders auditors criminally liable if they knowingly or recklessly omit certain information from their reports.
The voluntary liquidation process in the Cayman Islands is straight forward and definitive as a Cayman Islands company that has underwent a voluntary liquidation ceases any future claims by creditors against the company.
Although not on appeal from an Isle of Man court, the Supreme Court in these two cases dealt with principles very relevant to Manx lawyers.
As Europe is overshadowed by sovereign debt crisis, EU core and peripheral countries seem to be drifting apart.
In its recent judgment in "Rubin v Eurofinance S.A.; New Cap Reinsurance Corpn. v Grant", the UK Supreme Court considered the extent to which the English courts should recognise and enforce a judgment made in non-EU foreign insolvency proceedings
Financials was the leading sector with approximately 53% of total completed EMEA distressed debt restructuring deal volume.
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The Cayman Islands And The British Virgin Islands (BVI)
from Insolvency/Bankruptcy, Re-structuring in Offshore
by Dillon Eustace
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