The Claimants (husband and wife) were The Trustees of a self-administered pension scheme and the sole beneficiaries thereunder. The claim arose out of
“ Any sale of a foreign debtor’s property in the U.S. outside of the ordinary course of business can be approved by the bankruptcy court
In Saker, in the matter of Great Southern Managers Australia Ltd (Receivers and Managers Appointed) (in liquidation), the plaintiffs were the liquidators of Great Southern Managers of Australia Limited (GSMAL).
In a decision of interest in a number of jurisdictions where these types of claims have been made, the BVI Commercial Court handed down judgment today in the claim brought by the liquidators of Fairfield Sentry Limited, a BVI fund which invested in Bernard Madoff’s investment vehicle.
On 26 August 2011 the Grand Court of the Cayman Islands found that directors Stefan Peterson and Hans Ekstrom of Weavering Macro Fixed Income Fund (the “Fund”) were guilty of wilful neglect in the discharge of their duties.
Western economies, many with recoveries stalling in investors and creditors are considering carefully which jurisdictions will govern their interests in the event of insolvency and what, if anything, can be done to influence the process.
On Friday 1 April, the Court of Appeal handed down its much awaited written judgment in Westford Special Situations Fund Limited v Barfield Nominees et al.
Are the Courts sealing the fate of struggling hedge funds too early or should they be given further time to recover and realize their potential for investors?
Liquidators were appointed over Fairfield Sentry Limited, Fairfield Sigma Limited and Fairfield Lambda Limited (together "the Funds") by orders of the BVI High Court dated 21 July 2009, 21 July 2009 and 23 April 2009 respectively.
Is it possible to appoint a receiver over assets which have been charged by a British Virgin Islands (‘BVI’) company (a ‘Company’) under a security document?