We undertake all aspects of contentious and non-contentious insolvency work, including compulsory and voluntary liquidations, transaction avoidance, actions for and against liquidators and other office holders, and Insolvency Act applications of all types. Much of the work is international and involves cross-border elements.
Insolvency is a core practice area of the firm, and we have wide experience of the issues arising in connection with insolvent offshore entities. We have acted, and currently act, in connection with many of the well-known recent insolvencies in the BVI and the Cayman Islands. Our experience includes insolvencies and debt restructurings of corporate entities of considerable variety, and includes regulated entities such as open-ended investment funds and insurance companies.
We also have familiarity with the insolvency laws of other Caribbean jurisdictions, in which we typically advise alongside a local firm from a particular jurisdiction. We have lawyers who are admitted and have appeared at trial on numerous occasions in Anguilla and in St Kitts and Nevis.
Forbes Hare has particular expertise in the following areas:
Corporate Reorganisations
- Statutory schemes of arrangement and plans of arrangement
- Forbearance agreements and work-outs
- Creditors’ Voluntary Arrangements
- Using the available remedies of offshore jurisdictions alongside those of other jurisdictions in cross-border structures
Insolvency
- Compulsory and members’ voluntary liquidation
- Appointment of Liquidators and Provisional Liquidators
- Administrative Receivership
- Liquidation of Insurance Companies
- Cross-border insolvency and international assistance to foreign insolvency practitioners
- SPV non-consolidation advice in British Virgin Islands or Cayman Islands securitisations and bankruptcy-remote structures
- Rights and duties of directors in respect of entities facing insolvency
- Distressed or insolvent investment funds
Security Enforcement
- Advising on the rights of secured creditors and the enforcement of security
- Voidable transactions
Voluntary Liquidations and Liquidator Services
- Consolidations
- Migrations
- Statutory Mergers
- Schemes
- Plans of Arrangement
