On 15 May 2024, the Bermuda Court granted an order striking out a winding-up petition (the “Petition”), setting aside an earlier order appointing joint provisional liquidators (“JPLs”), and discharging the JPLs appointed over...more
Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more
5/13/2024
/ Bermuda ,
British Virgin Islands ,
BVI Business Companies ,
Cayman Islands ,
Commercial Litigation ,
Creditors ,
Debtors ,
Dispute Resolution ,
Distressed Debt ,
Insolvency ,
Liquidation ,
Subordination Agreement ,
Winding Up Petitions
The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported) (the “Shinsun Judgment”) in which the court determined the ultimate...more
9/8/2023
/ Appeals ,
Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Commercial Litigation ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Dispute Resolution ,
Hong Kong ,
Insolvency ,
International Finance ,
Investment Schemes ,
Investors ,
UK
In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Mdam Intisar Nouri) (Jersey) which was...more
1/3/2023
/ Bermuda ,
British Virgin Islands ,
Cayman Islands ,
Creditors ,
Hong Kong ,
Indemnification ,
Indemnity ,
Insolvency ,
Trustees ,
Trusts ,
UK Privy Council