This briefing first appeared in the June 2020 edition of South Square Digest.

Executive Summary

In February 2020 the British Virgin Islands Commercial Court (the "BVI Court") sanctioned a creditor scheme of arrangement, which was part of a much larger cross boarder restructuring. This scheme of arrangement, which as a creditor scheme was itself rare for the BVI, was preceded by the BVI's first ever "soft touch" provisional liquidation (in linked proceedings), which commenced in December 2018.

Last week at the American Bankruptcy Institute meeting in Washington, D.C., our firm co-sponsored and participated in a mini-conference on bankruptcies that involve FCC-regulated companies. This was an opportunity to spend a few hours contemplating issues that practicing attorneys rarely get a chance to reflect upon in the midst of heated, multi-party bankruptcy proceedings.