Cayman Islands bankruptcy law

Insolvency
Processes
Administration Bankruptcy Chapter 7 (US) CVA Conservatorship Dissolution Examinership IVA Liquidation Provisional liquidation Receivership
Officials
Insolvency practitioner Tribunal Regulatory agency Liquidator Referee in Bankruptcy Trustee in bankruptcy
Claimants
Creditor Preferential creditor Secured creditor Unsecured creditor
Restructuring
Administration (UK) Chapter 11 (US) Cram down Restructuring Scheme of arrangement
Avoidance regimes
Fraudulent conveyance Undervalue transaction Unfair preference Voidable floating charge
Offences
Fraudulent trading Misfeasance Trading while insolvent Wrongful trading
Security
Floating charge Lien Mortgage Second lien loan Security interest
International
Chapter 15 (US) Cross-border insolvency Insolvency Regulation UNCITRAL Model Law
By country
Anguilla Australia BVI Canada Cayman China Hong Kong India Ireland Russia South Africa Switzerland United Kingdom United States
Other
Anti-deprivation rule Bankruptcy alternatives Creditors' rights Chapter 9 (US) Debtor Default Financial distress History of bankruptcy law List of bankrupts Pari passu Pre-packaged insolvency Sovereign default Subordination
v t e

Cayman Islands bankruptcy law is principally codified in five statutes and statutory instruments:

• the Bankruptcy Law (1997 Revision)
• the Companies Law (2013 Revision)
• the Companies Winding Up Rules 2008 (as amended)
• the Insolvency Practitioners' Regulations 2008 (as amended)
• the Foreign Bankruptcy Proceedings (International Cooperation) Rules 2008

These are supplemented by a number of practice directions of the Cayman Islands courts and a wide body of case law.

Most of the recent emphasis of bankruptcy law reform in the Cayman Islands relates to corporate insolvency rather than personal bankruptcy. As an offshore financial centre, the Cayman Islands has more resident companies than citizens, and accordingly the courts a large amount of time dealing with corporate insolvency and reorganisation. Because a large number of Cayman Islands are listed on stock exchanges in major financial centres, and number of Cayman Islands corporate bankruptcies have generated a high profile internationally.^[1]

Bankruptcy of individuals is usually referred to as "personal bankruptcy" in the Cayman Islands, whereas the bankruptcy of corporations is referred to as "corporate insolvency". The relevant statutes deal with both separately, although there are some provisions which are common to both.