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Grand Court further develops insolvency test for Cayman Islands segregated portfolio companies

Introduction
Facts
Background
Decision
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Characterisation of just and equitable winding-up petitions: dispute with company or between shareholders?

Introduction
Subject matter or participant?
Facts in Madera
Characterisation of petition
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Cayman Islands welcomes reforms to restructuring regime

Introduction
Restructuring petitions
Schemes of arrangement
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Grand Court further develops insolvency test for Cayman Islands segregated portfolio companies

Introduction

Cayman Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Insolvency, Receivership
SDNY: Murabaha Agreements Do Not Qualify for Safe-Harbor Treatment in Bankruptcy

In a recent opinion arising from the Chapter 11 proceedings of Arcapita Bank, Judge Alvin Hellerstein of the US District Court for the Southern District of New York affirmed a bankruptcy court decision denying safe-harbor protection to Shari’a-compliant Murabaha investment agreements.1 Specifically, the district court held that the Murabaha agreemen

USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, US District Court for the Southern District of New York
Practical approach to substituted service: Grand Court allows substituted service of winding up petition on registered Cayman company

Introduction
Facts
Decision
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Siegel v. Fitzgerald: Supreme Court Rules U.S. Trustee Fee Hike Unconstitutional

In its June 6, 2022 opinion in Siegel v. Fitzgerald, the United States Supreme Court resolved a circuit split and invalidated a 2017 statute that increased U.S. Trustee fees in 48 states—but not Alabama or North Carolina—as unconstitutional under the uniformity requirement of the Constitution’s Bankruptcy Clause. See Siegel v. Fitzgerald, 596 U.S. ___ (2022).

U.S. Trustee Fees, a History

USA, Insolvency & Restructuring, Litigation, Mayer Brown, US Department of Justice, Supreme Court of the United States
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
When can proceedings be issued against a Cayman Islands-incorporated company in liquidation?

Introduction
Background
Facts
Decision
Comment


Introduction

Cayman Islands, Insolvency & Restructuring, Ogier
Southern District of New York Allows Challenge to Serta Simmons’ June 2020 Uptier Exchange Transaction to Proceed to Discovery

Background

USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, US District Court for the Southern District of New York