British Virgin Islands: Insolvency/Bankruptcy/Re-Structuring

Subscribe
Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Foreign judgments and BVI insolvency proceedings: the impact of the Supreme Court's decision in Drelle
The UK Supreme Court's landmark decision in Servis-Terminal LLC v Drelle has overturned the English Court of Appeal's controversial ruling, clarifying that unrecognised foreign judgments can form the basis of insolvency proceedings without prior recognition. This briefing examines how the Supreme Court's restoration of the common law 'obligation principle' impacts creditors seeking to enforce foreign judgment debts in the BVI, particularly following the uncertainty created by the first instance decision in
British Virgin Islands Insolvency
CO
Carey Olsen
Article
BVI Insolvency Law: To Act Or Not To Act (Without Sanction) – That Is The Question
The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid
British Virgin Islands Insolvency
C
Conyers
Article
Heads Or Tails: Structuring For Bankruptcy Remoteness In Digital Assets, The View From The BVI
Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.
British Virgin Islands Insolvency
W
Walkers
Article
Recognition First: Foreign Judgments And BVI Insolvency After JJW Hotels V Rhodes
The BVI Commercial Court has delivered a landmark judgment addressing whether foreign judgments that remain unrecognised within the jurisdiction may properly found a statutory demand. The decision reconciles two seemingly conflicting precedents by drawing a crucial distinction between debts evidenced by foreign determinations and debts created solely by foreign judicial acts.
British Virgin Islands Insolvency
C
Conyers
See more

Related Country Guides

RI
Restructuring & Insolvency

Financial Restructuring

See more

Insolvency/Bankruptcy

Article
Foreign judgments and BVI insolvency proceedings: the impact of the Supreme Court's decision in Drelle
The UK Supreme Court's landmark decision in Servis-Terminal LLC v Drelle has overturned the English Court of Appeal's controversial ruling, clarifying that unrecognised foreign judgments can form the basis of insolvency proceedings without prior recognition. This briefing examines how the Supreme Court's restoration of the common law 'obligation principle' impacts creditors seeking to enforce foreign judgment debts in the BVI, particularly following the uncertainty created by the first instance decision in
British Virgin Islands Insolvency
CO
Carey Olsen
Article
BVI Insolvency Law: To Act Or Not To Act (Without Sanction) – That Is The Question
The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid
British Virgin Islands Insolvency
C
Conyers
Article
Heads Or Tails: Structuring For Bankruptcy Remoteness In Digital Assets, The View From The BVI
Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.
British Virgin Islands Insolvency
W
Walkers
See more

Latest Videos

See more