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Results: 1-5 of 5

Close-out netting and set-off provisions for BVI, Cayman Islands, Guernsey and Jersey counterparties

  • Ogier
  • -
  • British Virgin Islands, Cayman Islands, Guernsey, Jersey
  • -
  • September 22 2011

The Insolvency Act 2003 of the British Virgin Islands (the “IA”) provides that the netting of financial contracts is legally enforceable notwithstanding any provisions of the IA or the Insolvency Rules

Culross Global SPC Ltd v Strategic Turnaround Master Partnership Ltd

  • Wong Partnership
  • -
  • Cayman Islands
  • -
  • February 25 2011

Where an investor in a fund incorporated in the Cayman Islands gave notice of redemption to the fund, held that it became a prospective creditor as soon as the notice was given and a creditor upon expiry of the redemption notice period notwithstanding that the fund had subsequently resolved to suspend redemptions

New York district court refuses to recognize hedge funds’ winding up proceedings in the Cayman Islands

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • Cayman Islands, USA
  • -
  • June 9 2008

In a recent decision, Judge Sweet of the United States District Court for the Southern District of New York affirmed a bankruptcy court decision and refused to recognize under chapter 15 of the Bankruptcy Code either as “foreign main proceedings” or as “foreign nonmain proceedings” the well-publicized liquidations brought in the Grand Court of the Cayman Islands by two Bear Stearns hedge funds (the “Funds”

District court affirms decision to deny Cayman Islands hedge funds access to U.S. bankruptcy court under Chapter 15

  • Schulte Roth & Zabel LLP
  • -
  • Cayman Islands, USA
  • -
  • June 5 2008

The United States District Court for the Southern District of New York recently affirmed a bankruptcy court’s denial of Chapter 15 protection for the U.S. assets of two Cayman Islands hedge funds

New York Bankruptcy Court refuses to recognize hedge funds’ winding up proceedings in the Cayman Islands

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • Cayman Islands, USA
  • -
  • September 5 2007

In a decision rendered late last week, Judge Lifland of the Southern District of New York Bankruptcy Court refused to recognize under chapter 15 of the Bankruptcy Code, either as “foreign main proceedings” or as “foreign nonmain proceedings,” the well-publicized liquidations brought in the Cayman Islands by two Bear Stearns hedge funds that were victims of volatility in the sub-prime lending market

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