British Virgin Islands: Insolvency/Bankruptcy

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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.

IKON Shina Ltd v Smyshliaeva: Where The Rubber Meets The Road On The Enforcement Of Foreign Insolvency Judgments In The BVI

In IKON Shina Ltd v Smyshliaeva [BVIHCMAP2022/0073], the Eastern Caribbean Court of Appeal allowed an appeal against the Commercial Court's refusal to make amounts...

British Virgin Islands Insolvency

W

Walkers

Eastern Caribbean Court Of Appeal Delivers Key Ruling Concerning Directors' Duties And Creditor Protection In The British Virgin Islands

In the recent decision of Byers & Richardson v Chen Ningning (BVIHCMAP2024/0009) ("Byers"), the Eastern Caribbean Court of Appeal ("COA") considered the scope of the director's duty to creditors when a company...

British Virgin Islands Insolvency

CO

Carey Olsen

Restructuring And Insolvency In British Virgin Islands (PLC)

This Q&A guide to restructuring and insolvency law in the British Virgin Islands gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders...

British Virgin Islands Insolvency

CO

Carey Olsen

From Dissolution To Liquidation: Creditor-Led Restoration Of Dissolved BVI Companies

Restoration applications are nothing new in the BVI. With hundreds of thousands of active companies and many more struck off due to administrative oversight...

British Virgin Islands Commercial

C

Conyers

Restructuring & Insolvency Comparative Guide

British Virgin Islands Insolvency

CO

Carey Olsen

Applicability Of Drelle v Servis-Terminal LLC In The British Virgin Islands

British Virgin Islands Insolvency

OW

O'Neal Webster

Fraud, Asset Tracing And Recovery 2025 - British Virgin Islands (Commercial Dispute Resolution, CDR)

British Virgin Islands Commercial

CO

Carey Olsen

Standing Room Only: A "Person Aggrieved" Under S.273 Of The BVI Insolvency Act 2003

British Virgin Islands Litigation

CO

Carey Olsen

Can A Foreign Judgment Form The Basis Of Insolvency Proceedings?

British Virgin Islands Insolvency

C

Conyers

Loan To Value Ratios Are Sliding Like An Avalanche Of Debt. What To Do About BVI Debtors? Be First; Be Smarter; Or Cheat

British Virgin Islands Finance

S

Sterlington PLLC

The Interplay Between Insolvency And Arbitration Proceedings: An Insight Into Developments Across Jurisdictions

British Virgin Islands Litigation

CO

Carey Olsen

Supreme Court Construes The Meaning Of Section 423 Of The English Insolvency Act 1986

British Virgin Islands Insolvency

H

Harneys

Fraud Unravels Everything – How The BVI Courts Can Assist

British Virgin Islands Commercial

H

Harneys

Enforcing Security Over Mortgage Assets In The British Virgin Islands: The Emerging Battle Grounds

British Virgin Islands Commercial

H

Harneys

Anti-Money Laundering Laws And Their Impact On Mutual Funds, Private Investment Funds And Fund Managers And Administrators In The British Virgin Islands

British Virgin Islands Government

C

Conyers

IKON Shina Ltd v Smyshliaeva: Where The Rubber Meets The Road On The Enforcement Of Foreign Insolvency Judgments In The BVI

British Virgin Islands Insolvency

W

Walkers

Twenty Tips And Tricks For BVI Trustees And Registered Agents – Part Four

British Virgin Islands Commercial

OW

O'Neal Webster

The British Virgin Islands And The FATF "Monitoring List"

British Virgin Islands Government

MG

Maples Group

British Virgin Islands Added To The FATF's AML Grey List

British Virgin Islands Government

A

Appleby

Chambers Banking And Regulation 2025: British Virgin Islands Chapter

The British Virgin Islands (BVI) has a comprehensive and robust banking system in line with international standards, having adopted the Basel Committee's guidelines for bank regulation and supervisory.

British Virgin Islands Finance

W

Walkers

Top 5 British Virgin Islands Publications Of 2024

Our British Virgin Islands office's most popular publications provided valuable insights on doing business in the jurisdiction, effective asset recovery tools, strategies for addressing modern legal challenges...

British Virgin Islands Commercial

C

Conyers

Chambers Global Practice Guide To Insolvency 2024: British Virgin Islands

Throughout 2024, the British Virgin Islands (BVI) has remained one of the most significant international jurisdictions for company incorporations.

British Virgin Islands Insolvency

MG

Maples Group

Assisting Foreign Restructurings – BVI Expands List Of Countries Able To Seek Assistance

The British Virgin Islands has, as of 18 September 2024, extended the list of ‘Relevant Foreign Countries' for the purposes of Part XIX of the BVI Insolvency Act, which governs Orders in Aid of Foreign Proceedings.

British Virgin Islands Insolvency

C

Conyers

Here To Help: BVI Expands Statutory Assistance Regime To Additional 24 Jurisdictions

British Virgin Islands Insolvency

MG

Maples Group

The Privy Council Winds Up Salford Estates

British Virgin Islands Litigation

SW

Spencer West

The Dawn Of A New Day: The Interplay Of Arbitration And Insolvency Law Following The Privy Council's Decision In Sian Participation v Halimeda

British Virgin Islands Litigation

BP

Baker & Partners

Sian Of The Time: Privy Council Rejects Salford Estates Approach To Arbitration And Insolvency

British Virgin Islands Litigation

MG

Maples Group

Aviation Financing & Leasing: British Virgin Islands

British Virgin Islands Transport

C

Conyers

Where Public Policy Collides: Arbitration v. Insolvency

British Virgin Islands Litigation

A

Appleby

Lending & Secured Finance 2024: British Virgin Islands

British Virgin Islands Finance

MG

Maples Group

This Is Not A Wind Up: Viewing A Stay To Restrain Presentation Of An Application To Appoint Liquidators Through The Prism Of An Injunction

Worldwide Insolvency

W

Walkers

Schemes Of Arrangement In The British Virgin Islands: Third-Party Rights

British Virgin Islands Insolvency

MG

Maples Group

Schemes Of Arrangement – Any Interest?

British Virgin Islands International

W

Walkers

Lending & Secured Finance 2024: British Virgin Islands

The British Virgin Islands ("BVI") is one of the world's leading international financial centres and continues to be a jurisdiction of choice for corporate vehicles...

British Virgin Islands Finance

MG

Maples Group

This Is Not A Wind Up: Viewing A Stay To Restrain Presentation Of An Application To Appoint Liquidators Through The Prism Of An Injunction

Creditors of companies in the BVI will often begin the process of recovering their debt by serving a statutory demand. In many such cases, companies so served will invoke the statutory...

Worldwide Insolvency

W

Walkers

Schemes Of Arrangement In The British Virgin Islands: Third-Party Rights

Resulting from the recent uptick in British Virgin Islands ("BVI") schemes and plans of arrangement, the BVI Commercial Court has issued what is thought...

British Virgin Islands Insolvency

MG

Maples Group

Schemes Of Arrangement – Any Interest?

In its recent judgment in Tristan Oil Ltd v The Scheme Creditors (BVIHCM 2023/0120) the BVI Commercial Court (the Hon. Justice Paul Webster (Ag.)) has considered the question of when a party...

British Virgin Islands International

W

Walkers

Modified Universalism In The Context Of Officeholder Sanction Applications

British Virgin Islands Insolvency

C

Conyers

How To Deal With Insolvent BVI Companies

We have created this guide to cover frequently asked questions on how to deal with insolvent British Virgin Islands companies.

British Virgin Islands Insolvency

H

Harneys

The New BVI Companies Restoration Regime Under The Microscope

On 17 October 2023 the British Virgin Islands (the "BVI") was removed from the European Union (the "EU") list of non-cooperative jurisdictions for tax purposes...

British Virgin Islands Commercial

BP

Baker & Partners

From Unsteady Beginnings, Crypto Debt Finds Firm Ground In The Singapore High Court For Supporting A Winding Up Petition. Would The Same Apply In Other Common Law Jurisdictions, Including The BVI?

An interesting and topical cryptocurrency decision was handed down in the Singapore High Court last month.

Worldwide Insolvency

A

Appleby

Top 5 British Virgin Islands Publications Of 2023

In our British Virgin Islands office, our most popular posts and publications ranged from practical advice on doing business in the jurisdiction through to sanctions on the global stage, ...

British Virgin Islands Insolvency

C

Conyers

Cross-Border Investigations And Comity: A Tool Kit For Insolvency Practitioners And Restructuring Advisors

Worldwide Insolvency

KH

Kroll

Commercial Real Estate Debt Burden Concerns: The BVI Perspective

British Virgin Islands Real Estate

C

Conyers

A Little More Time: The BVI Court Clarifies When And How It Will Exercise Its Discretion To Adjourn An Application To Appoint Liquidators

British Virgin Islands Insolvency

W

Walkers

How To Save Your BVI Company From Insolvency

British Virgin Islands Insolvency

OW

O'Neal Webster

BVI Court Rules That Bondholder Stands As Contingent Creditor

British Virgin Islands Insolvency

CO

Carey Olsen

BVI Commercial Court Grants Urgent Proprietary Injunction Over Crypto Assets

British Virgin Islands Insolvency

W

Walkers

Litigation Funding In The Offshore Jurisdictions: How Will The UK Supreme Court Decision In PACCAR Affect Offshore Litigation Funding?

British Virgin Islands Litigation

A

Appleby

Bondholder Litigation Under The Spotlight In The Offshore Jurisdictions

Worldwide Litigation

A

Appleby

Legal And Court Systems In The British Virgin Islands

British Virgin Islands Litigation

A

Appleby

BVI Court Strikes Out Witness Statement Of Fact For Trial

British Virgin Islands Litigation

MG

Maples Group

Statutory Demands In The BVI - Court Of Appeal Issues Guidance On Whether A Dispute Is "genuine And Substantial"

British Virgin Islands Litigation

CO

Carey Olsen

Amendments To The BVI Civil Procedure Rules Series – Part Four

British Virgin Islands Insolvency

C

Conyers

BVI Litigation Briefing: Significant Changes To Court Rules Governing Service Out Of The Jurisdiction Come Into Effect From 31 July 2023

British Virgin Islands Insolvency

CO

Carey Olsen

Aviation Financing & Leasing 2023

British Virgin Islands Transport

C

Conyers

'A Comparative Look At Pre-Packs In Selected Jurisdictions' - BVI

British Virgin Islands Insolvency

CO

Carey Olsen

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Lathrop GPM

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Lowenstein Sandler

Navigating Subchapter V Bankruptcy (Video)

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Ward and Smith, P.A.

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