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vol 17, num 2 | September 2022 |
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Co-Chairs Corner |
We hope this newsletter finds you enjoying the lazy days of summer and maybe even getting to do some international traveling. Keep reading to hear all the amazing things the International Committee has been up to.
Welcome to Our New Committee Members
The International Committee continues to grow, and we’d like to extend a particular welcome to our newest members. You can read a bit about some of our newest members in the “New Member Spotlight” section of the newsletter. Our new members perfectly highlight the international reach of this committee.
June Meet and Greet
On June 21, we had our first virtual meet-and-greet, during which we were able to meet members of the International Committee from all over the world. Be on the lookout for information on future meet-and-greets, which are great opportunities to chat with other members and learn about the international issues that have members talking.
INSOL Happy Hour
The International Committee hosted an in-person get-together during the INSOL conference in London on June 27. This newsletter lists the event’s sponsors and features a photo from the event. We will host additional informal get-togethers at major international conferences in the future.
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Recognition and Assistance of Foreign Insolvency Officeholders in the British Virgin Islands |
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Shane Donovan
Mourant
Tortola, British Virgin Islands |
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Jennifer Jenkins
Mourant
Tortola, British Virgin Islands |
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BVI Liquidator of a Foreign Company
A BVI-licensed insolvency practitioner may be appointed as a liquidator of a foreign company if the court is satisfied that the company has a connection with the BVI and, among other things, the company is insolvent or it has been dissolved or has otherwise ceased to exist under or by virtue of the laws of the country in which it was last registered. A foreign company has a connection with the BVI only if:
- it has or appears to have assets in the BVI (usually shares in BVI subsidiaries); or
- there is a reasonable prospect that the appointment of a liquidator of the company under Part VI will benefit the creditors of the company.
Foreign Liquidator of a BVI Company
An individual resident outside the BVI may be appointed to act as an insolvency practitioner jointly with a BVI-licensed insolvency practitioner, subject to certain conditions being met as to eligibility and notice.
Provisional Liquidation
Where an application for the appointment of a liquidator of a company has been filed but not yet determined or withdrawn, the court may appoint a provisional liquidator of a company if:
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Indian Cross-Border Insolvencies: Beyond the Horizon |
Whether it is the time lag depicted in Future Shock by Alvin Toffler in 1970 or the relativity of time by Yual Hararri in The History of Homo Sapiens, we have never felt the fast pace of a changing world as we are witnessing now. The rapid pace of digitalization, investment opportunities across the world and exchange of technologies have shrunken the world to a click of a mouse. In this rapidly changing scenario, no investor can survive by restricting themselves to the boundaries of a nation, which results in having assets across more than one territorial jurisdiction. In a world of dichotomies, an insolvent debtor with assets
spread out over various jurisdictions makes the insolvency process difficult due to overlapping laws, ways of enforcement of foreign judicial proceedings, recognition of court decisions, and so forth. Cross-border insolvency disputes need to be resolved by broader mutually acceptable cross-border legal frameworks for all the stakeholders for quicker and better resolution of the stressed assets. |
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Introduction of a New Restructuring Regime in the Cayman Islands |
A new restructuring regime will be available in the Cayman Islands when the amendments to Part V of the Companies Act (2022 Revision) take effect as of August 31, 2022. Among other changes, this new regime will allow a debtor company to restructure under the supervision of a restructuring officer and provide for a worldwide automatic stay. With the present state of the global economy and the likely increase in insolvencies, these amendments will provide a significant benefit to companies seeking to restructure in the Cayman Islands.
The amendments will replace the current regime where restructurings are effected through the presentation of a winding-up petition, the appointment of provisional liquidators under section 104 of the Companies Act and the promotion of a scheme of arrangement under section 86 of the Companies Act – thereby eliminating the stigma associated with the use of winding up and liquidation terminology. This article outlines the key features of the new restructuring regime.
Appointment of Restructuring Officer
A company will be able to present a petition to the court to appoint a restructuring officer on the grounds that the company:
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New Member Spotlight |
The International Committee community is continuing to grow! We are excited to introduce and welcome the following new members:
Matt Harvey is a partner in Morris Nichols’ bankruptcy and restructuring group, where he focuses on chapter 11 business bankruptcy, bankruptcy litigation, reorganization and restructuring. He represents international, national and regional clients, including debtors, official and ad hoc committees, asset-purchasers, debtor-in-possession (DIP) lenders, secured and unsecured creditors, petitioning creditors in involuntary bankruptcy filings, and other parties in interest. His experience includes in- and out-of-court restructuring transactions for publicly traded and private companies, and he has represented clients in bankruptcy litigation and appeals, as well as commercial litigation. Matt also has substantial experience representing debtors, foreign representatives and others in cross-border cases. Matt devotes a portion of his time to pro bono
matters, such as serving as an attorney guardian ad litem in the Family Court for the State of Delaware. He is also a volunteer attorney for the Federal Civil Panel of the U.S. District Court for the District of Delaware.
John Troy is excited to join the International Committee. Troy Law, PLLC specializes in representing debtors and creditors in bankruptcy proceedings. They have an office in Taipei, Taiwan, and have staff members who are fluent in Mandarin Chinese and Taiwanese, Spanish and Hindi.
Marcello Gaboardi has been an associate professor of law at Bocconi University of Milan (Italy) since 2020. He has focused his research on civil litigation, arbitration and insolvency proceedings. In 2019, he spent a semester as visiting researcher at Ludwig-Maximilians-Universität of Munich, where he specialized in comparative law with a particular emphasis on collective arbitration and litigation.
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ABI Happy Hour at INSOL |
The International Committee hosted an in-person happy hour social during INSOL London 2022 on June 27 at the conference hotel, the JW Marriott Grosvenor House London. Thank you to everyone who attended to mix-and-mingle with fellow ABI members; we had a blast!
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Pictured above from left to right are ABI President Hon. Kevin J. Carey (ret.) and three international members who are also ABI “40 Under 40” honorees: Adam Crane (2021), José Carles (2019) and Aurelio Gurrea-Martinez (2021).
We especially thank our sponsors: Baker & Partners, Dentons, Mourant, Squire Patton Boggs and Troutman Pepper.
We look forward to hosting more meet-and-greets at future international events so that our members can network with other international members. |
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Global Insolvency Website Update |
We are pleased to announce that, with the help of ABI’s Karim Guirguis and his team, the Global Insolvency website (globalinsolvency.com) has had numerous updates that will enhance its visibility, add significantly more valuable content, and draw more viewers to the site. In addition to branding Global Insolvency as an ABI-affiliated website, a globalinsolvency.com link has been added under “Featured Links” on the ABI website landing page.
As well as comprehensively aggregating worldwide insolvency news, the site will also feature links to international insolvency articles, blog posts and other materials authored by major international law firms. In addition, a search feature will allow users to locate insolvency professionals in any region of the world. Be sure to visit globalinsolvency.com and let us know your feedback on the new and improved site.
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Global Insolvency is a project of the American Bankruptcy Institute. It serves as a comprehensive source of information, both on current issues in international insolvency and restructuring law and on the legal framework for insolvency and restructuring around the world. The site features daily news headlines on insolvency developments around the globe. |
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