Mondaq All Regions - Cayman Islands: Insolvency/Bankruptcy/Re-structuring
Campbells
In CHC, the company was seeking to have JPLs appointed in order to assist with the implementation of its US Chapter 11 plan.
Conyers Dill & Pearman
As a jurisdiction that currently has no formal restructuring regime, the appointment of a provisional liquidator has long since been utilised for the purpose of facilitating a corporate restructuring...
Maples and Calder
In CHC Group Ltd ("CHC") the Cayman Islands Grand Court has determined that, in certain circumstances...
Walkers
In December's issue of Global Turnaround the focus was on Cayman and Walkers provided commentary.
Maples and Calder
Plenty of ink has been spilled following the ruling of the Cayman Islands Court of Appeal on 18 November 2016 in the Weavering preference case SEB v Conway and Walker.
Walkers
A recent judgment of the Cayman Islands Court of Appeal (‘CICA') has provided a welcome degree of certainty for investors and insolvency practitioners alike...
Campbells
An ordinary litigant would not be restricted from commencing separate proceedings to enforce its proprietary or contractual rights to documents in those circumstances.
Carey Olsen
When a fund fails, the disappointed investors' sole hope of recompense often rests on the fund's liquidators gathering in and distributing pari passu as many of the fund's assets as possible.
Walkers
As explained below, Herald's sole investment turned out to be a substantial investment in the Madoff Ponzi scheme, the collapse of which ultimately led to Herald ending up in official liquidation in the Cayman Islands.
Walkers
The recent decision of Mr Justice Nigel Clifford in Re Harbinger Class PE Holdings (Cayman) Ltd has revisited a line of local authority developed over the past 6 years.
Campbells
Here Lawyer Monthly interviews Mark Goodman, a Partner in Campbells' Litigation, Insolvency & Restructuring Group, as he talks about this legal business in the Cayman Islands.
Harneys
In Re Ardent Harmony Fund Inc (In Official Liquidation)(FSD 54 of 2016), Chief Justice Smellie granted an anti-suit injunction restraining the largest creditor of Ardent Harmony Fund Inc...
Walkers
A recent decision of the Grand Court will provide welcome certainty to Cayman Islands liquidators appointed over trust companies or companies that hold trust assets...
Campbells
The appeal in Rhone Holdings concerned a petition presented by limited partners for the winding up of a Cayman Islands exempted limited partnership...
Campbells
The Grand Court of the Cayman Islands clarified two matters concerning petitions to wind up a company on the just and equitable ground on the basis it has lost its substratum.
Walkers
The Grand Court of the Cayman Islands has long adopted a uniquely flexible, pragmatic and cooperative approach in cross-border insolvency matters.
Maples and Calder
In this article Aristos Galatopoulos and Luke Stockdale discuss and analyse the Cayman Islands Court of Appeal's approach to striking-out just and equitable winding up petitions and its affects on opposing parties of such petitions.
Harneys
Despite the absence of a formal restructuring regime, the Courts in Cayman (and latterly by way of the Companies Law) have developed a flexible and pragmatic approach...
Harneys
It should be stressed that new companies are largely unaffected by the decision, since they are expressly permitted by the Law to deal with the issue in the drafting of their articles.
Walkers
On 22 November 2016 the European Commission published its proposal for a draft directive on preventative restructuring frameworks ("Draft Directive").
Most Popular Recent Articles
Conyers Dill & Pearman
As a jurisdiction that currently has no formal restructuring regime, the appointment of a provisional liquidator has long since been utilised for the purpose of facilitating a corporate restructuring...
Walkers
A recent judgment of the Cayman Islands Court of Appeal (‘CICA') has provided a welcome degree of certainty for investors and insolvency practitioners alike...
Walkers
In December's issue of Global Turnaround the focus was on Cayman and Walkers provided commentary.
Harneys
Insolvency law in the Cayman Islands is principally regulated by the Companies Law (2013 Revision) and the Companies Winding Up Rules 2008, and they are supplemented by a wide body of case law.
Maples and Calder
In CHC Group Ltd ("CHC") the Cayman Islands Grand Court has determined that, in certain circumstances...
Campbells
An ordinary litigant would not be restricted from commencing separate proceedings to enforce its proprietary or contractual rights to documents in those circumstances.
Maples and Calder
Plenty of ink has been spilled following the ruling of the Cayman Islands Court of Appeal on 18 November 2016 in the Weavering preference case SEB v Conway and Walker.
Harneys
It should be stressed that new companies are largely unaffected by the decision, since they are expressly permitted by the Law to deal with the issue in the drafting of their articles.
Walkers
Cayman Islands incorporated entities are commonly used as the debtor entity in Asian corporate and financing structures, issuing notes to investors for the purpose of raising capital for the underlying group.
Carey Olsen
When a fund fails, the disappointed investors' sole hope of recompense often rests on the fund's liquidators gathering in and distributing pari passu as many of the fund's assets as possible.
Maples and Calder
Aristos Galatopoulos and Caroline Moran provide an analysis of current economic conditions and insolvency case developments in the Cayman Islands.
Walkers
On 22 November 2016 the European Commission published its proposal for a draft directive on preventative restructuring frameworks ("Draft Directive").
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