Fulltext Search
Careful consideration of comity when winding up Cayman companies

Introduction
Background
Primacy of courts in place of incorporation
Decision
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Insolvent Cayman companies: will court wind up or allow opportunity to restructure?

Background
Facts
Decision
Comment


Background

Cayman Islands, Insolvency & Restructuring, Ogier
Insolvent cayman companies: will the court wind up or allow an opportunity to restructure?

Introduction

Cayman Islands, Insolvency & Restructuring, Litigation, Ogier
Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

Facts
Strike out
Stay in favour of arbitration
Comment

Cayman Islands, Insolvency & Restructuring, Ogier
Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Winding-up
Latitude: Ogier's restructuring and corporate recovery digest, March 2021

Q4 2020 and Q1 2021 saw some significant developments in offshore restructuring, insolvency and corporate recovery, with the passage of new legislation and the handing down of judgments providing welcome clarification on laws relevant to practitioners in this area.

Cayman Islands, Guernsey, Insolvency & Restructuring, Litigation, Ogier, Private equity, Coronavirus
Court of Appeal validates test under Section 99 of Companies Law

Legal issue of principle
Facts
First-instance decision
Court of Appeal decision
Decision's relevance

Cayman Islands, Insolvency & Restructuring, Ogier
Court of Appeal validates test under Section 99 of Companies Law

The Court of Appeal has provided much needed clarification of the test for validating certain transactions by companies that are subject to a winding-up petition, pursuant to Section 99 of the Companies Law (2020 Revision).

Cayman Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier
Cayman Islands Court of Appeal validates test under section 99 of the Companies Law

The Cayman Islands Court of Appeal has provided much needed clarification of the test for validating certain transactions by companies that are subject to a winding up petition, pursuant to section 99 of the Companies Law (2020 Revision) (the "Companies Law").

The Legal Issue of Principle

Cayman Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier
To Retain (Under Section 327(a) or 363(b) of the Bankruptcy Code) or Not to Retain? Retention of Liquidation Consultants in Bankruptcy Cases

In a recent opinion – In re Heritage Home Group LLC, et al., Case No. 18-11736 (KG), 2018 WL 4684802 (Bankr. D. Del. Sept. 27, 2018) – the Delaware Bankruptcy Court addressed the longstanding issue of which professional persons must be retained under section 327(a) of the Bankruptcy Code.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Liquidation, US District Court for District of Delaware