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    Second Circuit issues ruling regarding determination of a debtor's center of main interest under Chapter 15
    2013-05-01

    On April 16, 2013, the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued its decision in In re Fairfield Sentry Ltd.,1 in which the court held that (1) the relevant time for analyzing a debtor’s center of main interest ("COMI") for purposes of recognizing a foreign proceeding is at or around the time a petition for recognition is filed; (2) the determination of COMI is dependent on the facts of each case, which may include insolvency proceedings in the foreign jurisdiction; and (3) the public policy exception to relief sough

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Hunton Andrews Kurth LLP, Second Circuit
    Authors:
    Benjamin C. Ackerly , Andrew Kamensky , Tyler P. Brown , Richard P. Norton , Jarrett L. Hale , Peter S. Partee, Sr.
    Location:
    British Virgin Islands
    Firm:
    Hunton Andrews Kurth LLP
    Close-out netting and set-off provisions for BVI, Cayman Islands, Guernsey, Jersey and Luxembourg counterparties
    2013-11-05

    Introduction

    Filed under:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg, Derivatives, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Swap (finance), Limited partnership, Liquidation, International Swaps and Derivatives Association
    Authors:
    Bruce MacNeil
    Location:
    British Virgin Islands, Cayman Islands, Guernsey, Jersey, Luxembourg
    Firm:
    Ogier
    Netting and subordination - British Virgin Islands
    2011-01-14

    The Insolvency Act 2003 of the British Virgin Islands (the “IA”) provides that the netting of financial contracts is legally enforceable notwithstanding any provisions of the IA or the Insolvency Rules. Significantly, this means that where an insolvent entity that is party to a financial contract goes into liquidation, what might otherwise be a voidable transaction will be upheld if carried out pursuant to a netting agreement.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Ogier, Credit (finance), Option (finance), Swap (finance), Futures contract, Debt, Liquidation, Credit derivative
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Plans and schemes of arrangement in the British Virgin Islands
    2011-02-01

    Under the BVI Business Companies Act, 2004 (the “Act”) there are two types of court supervised arrangements.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Security (finance), Liquidator (law), Prima facie, Consolidation (business), Constitutional amendment, Companies Act
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Restoration of companies to the register
    2011-03-22

    In Yeung Kwok Mung v The Attorney General and the Financial Services Commission, BVIHCM 2011/0002 and Dedyson Enterprises Limited v Registrar of Corporate Affairs, BVIHCM 2011/0008, the BVI High Court Commercial Division addressed the principles applying to restoration applications under section 43 of the BVI Business Companies Act (the “BC Act”). The key principles emerge from the decisions:

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Liquidation, European Commission, Companies Act
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Liquidators’ fees and the setting aside of a winding up order: who pays?
    2011-03-22

    The recent decision in Pacific China Holdings Limited v Grand Pacific Holdings Limited, BVIHCV 2009/389 sets out the view of the BVI Commercial Court as to who, if anyone, should be responsible for the remuneration of liquidators where a liquidation order is set aside on appeal.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Costs in English law, Debt, Liquidation, Remand (court procedure), Liquidator (law), Prima facie, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Madoff litigation
    2011-03-22
    • In Irving H. Picard v Bernard L. Madoff Investment Securities LLC, BVIHCV 0140/2010, the trustee appointed in the liquidation of the business of Bernard L. Madoff Investment Securities LLC (“Picard” and “BLMIS”) sought, amongst other things, (i) recognition in the BVI as a foreign representative; (ii) an entitlement to apply to the BVI Court for orders in aid of the foreign proceeding; and (iii) an entitlement to require any person to deliver up to him any property of BLMIS.
    • Bannister J.
    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Bankruptcy, Security (finance), Liquidation, Writ, Common law, Trustee, Commercial Court (England and Wales)
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Insolvency position clarified in the BVI
    2011-04-04

    On Friday 1 April, the Court of Appeal handed down its much awaited written judgment in Westford Special Situations Fund Limited v Barfield Nominees et al. The decision has far reaching consequences, not only for BVI funds, but also for all types of BVI corporate vehicles. The case directly and indirectly dealt with four major issues:-  

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Shareholder, Dividends, Debt, Standing (law), Limited partnership, Liability (financial accounting), Liquidation, Investment funds, Articles of association, Liquidator (law), Court of Appeal of England & Wales
    Location:
    British Virgin Islands
    Firm:
    Harneys
    BVI Commercial Court case notes - June 2011
    2011-06-23

    Trial on preliminary issues

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Shareholder, Injunction, Market liquidity, Voluntary association, Liquidation, Articles of association, Liquidator (law), Court of Appeal of England & Wales, High Court of Justice (England & Wales), Commercial Court (England and Wales)
    Authors:
    Phillip Kite
    Location:
    British Virgin Islands
    Firm:
    Harneys
    The blame game: obtaining financial relief against directors and officers in insolvencies
    2011-08-04

    By virtue of his appointment, a liquidator steps into the shoes of the company and so the usual contractual, tortious and equitable remedies are actionable by the liquidator, acting in the name of the company.  Claims are most likely to be based on the following:

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Harneys, Breach of contract, Fraud, Fiduciary, Contributory negligence, Liquidation, Account of profits, Liquidator (law), Professional liability insurance
    Location:
    British Virgin Islands
    Firm:
    Harneys

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