North America: 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
Do I Need Sanction? Liquidation Orders In The BVI And Scope Of Powers – Revisited
The British Virgin Islands Commercial Court has issued a significant ruling clarifying that liquidators should have broad powers to act without prior court approval, marking a departure from longstanding practice. Justice Mithani's decision in Jin Yao Holdings Ltd v Forever Winner International Ltd challenges the routine inclusion of sanction requirements in liquidation orders, restoring flexibility to insolvency practitioners while maintaining appropriate judicial oversight.
British Virgin Islands Insolvency
C
Conyers
Article
Purdue Doesn’t Stop Chapter 15 Recognition And Enforcement Of Third-Party Releases
A Delaware District Court has affirmed that Chapter 15 of the Bankruptcy Code permits U.S. recognition and enforcement of third-party releases approved in foreign insolvency proceedings, distinguishing this framework from the Supreme Court's Purdue decision that limited such releases in domestic Chapter 11 cases. The ruling in the Crédito Real case establishes that international comity principles and Chapter 15's distinct purpose of facilitating cross-border restructurings allow courts to honor foreign
United States Insolvency
SP
Squire Patton Boggs LLP
See more

Related Country Guides

Podcast
The Companies Act And Continuing Requirements Of A Cayman Islands Company (Podcast)
Stuarts Humphries has earned recognition as a compact independent firm delivering exceptional value in funds counsel, cryptocurrency expertise, and regulatory compliance. Clients praise the firm's responsiveness, real-world solutions, and partners who roll up their sleeves to provide personalized service. The firm balances business acumen with legal precision while offering substantial value compared to larger competitors in the jurisdiction.
Cayman Islands Commercial
SH
Stuarts Law
Article
Papers, Please: Order 24, Rule 7A Brings Pre-Action And Non-Party Discovery To The Cayman Islands
The Cayman Islands Grand Court has introduced Rule 7A, granting express powers for pre-action discovery and non-party discovery in civil proceedings. This procedural reform addresses significant gaps in the court's framework by providing a codified mechanism for obtaining documents before litigation commences and from non-parties during ongoing proceedings.
Cayman Islands Litigation
C
Conyers
Article
Do I Need Sanction? Liquidation Orders In The BVI And Scope Of Powers – Revisited
The British Virgin Islands Commercial Court has issued a significant ruling clarifying that liquidators should have broad powers to act without prior court approval, marking a departure from longstanding practice. Justice Mithani's decision in Jin Yao Holdings Ltd v Forever Winner International Ltd challenges the routine inclusion of sanction requirements in liquidation orders, restoring flexibility to insolvency practitioners while maintaining appropriate judicial oversight.
British Virgin Islands Insolvency
C
Conyers
See more
Article
Purdue Doesn’t Stop Chapter 15 Recognition And Enforcement Of Third-Party Releases
A Delaware District Court has affirmed that Chapter 15 of the Bankruptcy Code permits U.S. recognition and enforcement of third-party releases approved in foreign insolvency proceedings, distinguishing this framework from the Supreme Court's Purdue decision that limited such releases in domestic Chapter 11 cases. The ruling in the Crédito Real case establishes that international comity principles and Chapter 15's distinct purpose of facilitating cross-border restructurings allow courts to honor foreign
United States Insolvency
SP
Squire Patton Boggs LLP
See more