What is insolvency?
Insolvencies may be corporate or personal. They may be triggered by macro-economic factors or by factors specific to an industry, sector or individual business or person. Corporate entities may require restructuring whether or not they are insolvent; restructuring may be required as a result of a take-over, merger, revision of business strategy or change to regulatory requirements.
Our team has extensive insolvency and restructuring experience across a wide range of industries, including retail, hospitality and leisure, healthcare, financial services, real estate and manufacturing.
Offshore insolvency lawyers
We provide clear, sound and timely advice on the full spectrum of contentious and non-contentious insolvencies and restructurings. Our global presence enables us to provide comprehensive, multijurisdictional legal advice at the times most critical to our clients.
Our team of insolvency and restructuring lawyers are experts in advising on all aspects of the law, including:
- Directors and other fiduciaries, including trustees, on their duties and personal exposure
- Secured creditors on possible enhancements to their security net and options in an enforcement scenario
- Appointment, recognition and removal of administrators, liquidators, receivers and provisional liquidators and their powers and duties while in office
- Instigating or challenging désastre, dégrèvement, just and equitable winding up and other jurisdiction specific insolvency procedures
- Recognition proceedings for insolvency practitioners, both into and out of our international jurisdictions
- Refinancing, rescue and restructuring
- Pre-pack sales / accelerated M&A processes
- Schemes of arrangement, amalgamation and reconstruction
- Fraud, asset tracing, recovery and constructive trust proceedings
- Related regulatory advice and obtaining requisite regulatory consents and no objection letters
Restructuring and insolvency law firm
Among restructuring and insolvency law firms, we are renowned for our innovative approach and in-depth understanding of global legal frameworks. In particular, our ability to consistently deliver comprehensive and tailored solutions makes us a trusted partner for companies navigating the intricacies of corporate restructuring and insolvency, with our global team of offshore lawyers regularly being noted by leading legal directories for their frequent handling of high-profile commercial disputes and insolvency proceedings.
Client experience
Representative Work in offshore insolvency law
Adviser to Barclays Private Bank
Advising Barclays Private Bank and Trust Limited in its capacity as corporate director of certain companies in the Belgravia Group, including giving urgent advice on various winding-up and other options available in light of the insolvency of certain of the companies
Adviser to Sea Containers Ltd.
Advising Sea Containers Ltd. on the Bermudian aspects of its restructuring plan and emergence from Chapter 11 bankruptcy, specifically on the incorporation of newly formed Bermuda companies, transfer of assets to the new companies and loan and security documentation
Adviser to Walton Insurance Company
Advising on and obtaining the sanction of the Supreme Court on a solvent scheme of arrangement for Walton Insurance Company Limited, commencing insolvent winding-up proceedings and advising on the liquidation and the operation of the scheme in the context of the insolvency
Spotlight
Insolvency & Restructuring in Cayman
Appleby’s Cayman Islands office is a leading force in Cayman insolvency and restructuring matters, delivering unparalleled expertise to clients. With a proven track record and a deep understanding of international regulations, our team of Cayman lawyers excel in financial and corporate restructuring cases, cross-border insolvencies, and distressed asset recovery. This knowledge and expertise also see us work on some of the largest and most complex offshore cases, advising and being engaged by a large number of global law firms and leading institutions.
What is insolvency and restructuring?
Insolvency and restructuring refer to the legal processes and strategies employed when a business is facing financial difficulties. Insolvency involves a company’s inability to pay its debts, while restructuring focuses on implementing changes to improve financial stability and operations, aiming to prevent insolvency or facilitate recovery.
How does restructuring help insolvent organisations?
Restructuring helps insolvent organisations by providing a framework to address their challenges effectively. It involves various measures such as debt renegotiation, asset sales, cost reduction, and operational adjustments. By implementing these changes, restructuring aims to stabilise the organisation’s finances, enhance its visibility, and potentially lead to its recovery or an orderly wind-down process.
