key takeaways

Aquapoint LP v Fan [2025] UKPC 56

Introduction

What section 380A means for administrators

We recently achieved a significant milestone by obtaining permission from the Royal Court of Guernsey for Joint Administrators to make a distribution to unsecured creditors during an administration. This marks the first order granted under section 380A of the Companies (Guernsey) Law, 2008.

This article first appeared in Volume 22, Issue 6 of International Corporate Rescue.

Synopsis

KEY TAKEAWAYS

key takeaways

KEY TAKEAWAYS

• The application process and evidence required by the JFSC for a migration

• Consideration of a migration application by the JFSC

• Effects of granting a certificate of continuance and a migration overseas

The object of this guide is to provide clients of Walkers with information on the process involving the migration of companies to and from Jersey.

Migration to Jersey

Key takeaways

11 U.S.C. § 1191(c)(2) provides (emphasis added):

• “(c) . . . the condition that a plan be fair and equitable . . . includes . . . (2) . . . all of the projected disposable income of the debtor to be received in the 3-year period, or such longer period not to exceed 5 years as the court may fix, . . . will be applied to make payments under the plan.”

There is little-to-no guidance in the Bankruptcy Code on what “as the court may fix” might mean. So, that meaning is left to the courts to decide.

Under 11 U.S.C. § 727(a)(2), an individual debtor may be denied a discharge, in its entirely, for making a transfer “with intent to hinder, delay, or defraud” a creditor or the trustee.

On April 17, 2023, the Bankruptcy Court for Eastern Michigan ruled: