Jersey: Insolvency/Bankruptcy

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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.

Jersey Limited Partnerships

A limited partnership seeks to combine the flexibility and "tax transparency" offered by a partnership structure with the benefits, for limited partners, of limited liability offered by a company.

Jersey Commercial

CO

Carey Olsen

Sanction, Netting And Subrogation: Welcome Clarity For Liquidators From The Royal Court Of Jersey

The Royal Court has the power to sanction a liquidator's proposed distribution model, subrogation is part of Jersey law and a liquidator must give effect to a netting agreement.

Jersey Insolvency

CO

Carey Olsen

Secured Creditors And Immovable Property: A Landmark Ruling From The Royal Court Of Jersey

A secured creditor with a hypothec (charge) over a specific immovable property can enforce against that property without having to put the debtor through a full-blown bankruptcy process.

Jersey Insolvency

CO

Carey Olsen

In The Matter Of Restore Builders En Désastre [2024] JRC 290

In the Matter of Restore Builders En Désastre is the first reported wrongful trading case to come before the Royal Court of Jersey. Under Article 44 of the Bankruptcy (Desastre) (Jersey)...

Jersey Insolvency

BP

Baker & Partners

Jersey Company Law Series: Directors' Liabilities In Insolvencies And The Disqualification Of Directors

Jersey Commercial

W

Walkers

Priority Under The Security Interests (Jersey) Law 2012: A Game Of Snakes And Ladders?

CC

Collas Crill

Creditor-Driven Winding Up Regime In Jersey

W

Walkers

Jersey Company Law Series: Voidable Transactions

Jersey Commercial

W

Walkers

Wrongful Trading: Orders Against Directors Of Jersey Companies

Jersey Insolvency

W

Walkers

Personal Liability For 'Playing Fast And Loose' With The Rules For Wrongful Trading In Jersey

Jersey Commercial

A

Appleby

A Trustee's Guardian Angel: Leave To Distribute In The Face Of Third-Party Claims

Jersey Insolvency

W

Walkers

Ritchie, Lancelot And The Limitation Game

Jersey Commercial

CC

Collas Crill

Jersey's Insolvency Regime Continues To Develop

Jersey Insolvency

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Appleby

The Collas Crill Guide To... A Shareholder-Initiated Creditors' Winding Up Of A Jersey Company

Jersey Commercial

CC

Collas Crill

Offshore 'Lifeboat' Trusts For US Persons

Jersey Wealth Mgt

CC

Collas Crill

Family Law Comparative Guide

IA

Ingram Advocates

Case Note: A & B v Minister For Education & Lifelong Learning [2024] TRE 231 & 232

Jersey Employment

V

Viberts

Jersey Funds Law Series: Jersey Private Funds – Key Features

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Walkers

Jersey And The Global Minimum Tax – Key Compliance Dates

MG

Maples Group

Restructuring & Insolvency Comparative Guide

Restructuring & Insolvency Comparative Guide for the jurisdiction of Jersey, check out our comparative guides section to compare across multiple countries

Jersey Insolvency

CO

Carey Olsen

Securitisation Guide 2024: Jersey

Formalities. In order to create an enforceable debt obligation of the obligor to the seller: (a) is it necessary that the sales of goods or services are evidenced by a formal receivables contract...

MG

Maples Group

The Collas Crill Guide To: Winding Up A Jersey Company On Just And Equitable Grounds

Jersey is a popular place to establish an asset holding company. It is well regulated, creditor friendly, and the Companies Law is modern, flexible and modelled on English companies legislation.

Jersey Commercial

CC

Collas Crill

Restructuring Plans Post-Adler: A Jersey Law Perspective

In a seminal judgment of the Court of Appeal of England and Wales in the case of In the Matter of AGPS Bondco plc (Adler), the Court of Appeal overturned...

Jersey Insolvency

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Ogier

Anti-Suit Injunctions

Jersey Insolvency

BP

Baker & Partners

Unscrambling The Omelette – Ratification And Trustees De Son Tort

Jersey Litigation

BP

Baker & Partners

A Guide To Lending And Secured Finance In Jersey 2023 (ICLG)

CO

Carey Olsen

One Year On – The New Creditors' Winding Up Procedure In Jersey

Jersey Commercial

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Viberts

Just & Equitable Winding Up: A Flexible Tool

Jersey Commercial

BP

Baker & Partners

Jersey Limited Partnerships

Jersey Commercial

CO

Carey Olsen

Directors' Duties In The Zone Of Insolvency: An Offshore View

Jersey Insolvency

CC

Collas Crill

Here To Stay: The Burgeoning Crypto Market And Its Crossover With Insolvency Disputes

Jersey Technology

CC

Collas Crill

Jersey Limited Liability Companies

Jersey Commercial

O

Ogier

Carey Olsen Secures Landmark Judgment Under New Creditors' Winding Up Regime In Jersey

Jersey Insolvency

CO

Carey Olsen

Directors' Duties In The Zone Of Insolvency: An Offshore View

In this article we explore the UK Supreme Court's ("the Supreme Court") decision in BTI v Sequana and what this means for directors in Jersey - particularly when dealing with a company...

Jersey Insolvency

CC

Collas Crill

Here To Stay: The Burgeoning Crypto Market And Its Crossover With Insolvency Disputes

Crypto's role in the legal world is complex. The legal crypto industry is in constant evolution given the need to adapt to an ever-changing regulatory and legal landscape.

Jersey Technology

CC

Collas Crill

Jersey Limited Liability Companies

The purpose of this note is to provide a summary of the main legal requirements and general principles applicable to the formation, registration, operation and winding-up of a Jersey limited liability

Jersey Commercial

O

Ogier

Carey Olsen Secures Landmark Judgment Under New Creditors' Winding Up Regime In Jersey

In the first judgment of its kind in Jersey, Advocate Marcus Pallot successfully obtained a winding up order in a contested creditors' winding up.

Jersey Insolvency

CO

Carey Olsen

Jersey Royal Court Provides Further Guidance On Its Approach To Director Disqualifications

Jersey Commercial

O

Ogier

Overview Of Fraud In The Channel Islands

As a leading international finance centre, Jersey has sophisticated and robust measures to prevent, identify and remedy fraud. The Jersey Court has consistently and repeatedly sent a clear message...

Worldwide Insolvency

CC

Collas Crill

Evolution Of Jersey's Insolvency Regimes

Legislation that came into force on 1 March 2022 marked the beginning of a new era in Jersey's insolvency regimes and will strengthen its reputation as a jurisdiction at the forefront...

Jersey Insolvency

CO

Carey Olsen

New Law Journal: Overview Of Insolvency In The Channel Islands

The two key pieces of legislation governing insolvency in Jersey are the Companies (Jersey) Law 1991 and the Bankruptcy (Désastre) (Jersey) Law 1990 (BDJL).

Jersey Insolvency

CC

Collas Crill

Latitude: Ogier's Restructuring And Corporate Recovery Digest, May 2022

With a sharp global increase in energy costs, localised inflation at record highs and interest rates trying to offer some counterbalance to the soaring costs of living driven by the...

Worldwide Insolvency

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Ogier

Close-out Netting And Set-off Provisions For BVI, Cayman Islands, Guernsey, Jersey And Luxembourg Counterparties

Worldwide Insolvency

O

Ogier

Upgrades To Jersey's Limited Partnership Law

Jersey Commercial

CO

Carey Olsen

Creditor-Driven Winding Up Regime Introduced In Jersey

Jersey Insolvency

W

Walkers

Just And Equitable Winding Up: The Status Quo In Jersey

Jersey Commercial

O

Ogier

Jersey Insolvency: A New Beginning For Creditors

Jersey Insolvency

O

Ogier

Insolvency Year In Review - 2021

Worldwide Insolvency

CC

Collas Crill

Update: Expansion Of The Jersey Insolvency Toolkit

Jersey Insolvency

A

Appleby

A Major Development Of The Creditors' Winding Up Regime In Jersey

Jersey Coronavirus

CC

Collas Crill

At A Glance Guide To Asset Protection Trusts In Jersey

Jersey Commercial

O

Ogier

Key Developments In Jersey's Corporate Insolvency Regime

Jersey Insolvency

CO

Carey Olsen

Considerations In Relation To Commercial Landlords: A Jersey Perspective

Jersey Insolvency

O

Ogier

Uncertainty Likely To Lead To More Trust Litigation

Jersey Insolvency

W

Walkers

Modified Universalism: An Analysis Of The Royal Court Of Jersey's Ruling

Jersey Insolvency

O

Ogier

Outlook From Offshore: How ESG Is Changing The Narrative

Jersey Commercial

O

Ogier

In Your Court: Offshore Dispute Resolution Review - October 2021

Worldwide Litigation

O

Ogier

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Latest Videos

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BTI v SEQUANA – The Changing Nature Of Directors' Duties As A Company Flounders (Video)

QC

Quadrant Chambers

CDR/Insolvency Series: Entering The Twilight Zone: Directors' Duties In The Run Up To Insolvency (Video)

GC

Gatehouse Chambers

The Pension Schemes Act 2021: The New Landscape For DB Schemes (Video)

GW

Gowling WLG

What You Need To Know About The Energy Crisis (VIDEO)

MF

Morrison & Foerster LLP

The End Of Furlough: What Happens Next?

Q

Quantuma

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