Insolvency

Our skilled insolvency team offers a unique blend of deep expertise, global reach and strong courtroom experience to advise on and act in all aspects of insolvency cases, including cross-border recognition and enforcement, winding up proceedings and liquidations, contentious restructurings, avoidance actions, and insolvency related litigation.

Problem

Financial distress and insolvency give rise to complex issues, and demand decisive action and experienced guidance.

Solved

As an independent offshore litigation law firm, Baker & Partners’ dedicated insolvency team stands ready to navigate complex situations, protect your interests, and provide creative and commercial solutions.

We are regularly instructed by and work closely with leading domestic and international insolvency practitioners, law firms, financial institutions, governments and government agencies, corporations and other stakeholders in high-profile insolvency matters. Our unwavering commitment to client satisfaction and achieving results is reflected in our strong reputation and ongoing client relationships.

Our insolvency team are often in the courts and at the forefront of some of the largest domestic and international cases.

Our Services Include

  • Cross-border recognition and enforcement.
  • Winding-up proceedings and liquidations (including voluntary, official and provisional liquidations).
  • Enforcement of creditors’ rights.
  • Restructurings (including schemes of arrangement) and parallel proceedings.
  • Enforcement of foreign judgments and arbitral awards.
  • Transaction avoidance proceedings and other insolvency related litigation (including claims against Directors & Officers, service providers and others).
  • Insolvency proceedings related to cryptocurrencies, NFTs, DAOs, and blockchain technology.

Why you should work with Baker & Partners

  • Our team of senior lawyers lead with unmatched experience. They have extensive multidisciplinary experience handling complex and high-value offshore fraud, insolvency, commercial, and trust litigation matters.
  • Benefit from our global reach and local depth. We offer dedicated insolvency expertise in key offshore financial centres – the Cayman Islands, British Virgin Islands, and Jersey – providing seamless representation across jurisdictions.
  • We maintain strong connections with a network of trusted advisors. These include leading insolvency practitioners, lawyers, forensic investigators, and other financial industry professionals. Ensuring you have access to a comprehensive approach to your case.
  • Our team possesses in-depth experience in matters relating to hedge funds and private equity funds, offshore trusts, and cryptocurrency and other digital asset enterprises, offering tailored solutions for these nuanced scenarios.

Representative Work

  • Obtaining recognition orders for the liquidators of two BVI companies that had been held liable in a substantial fraud claim brought in Jersey by the Federal Republic of Brazil and the Municipality of São Paulo.
  • Coordinating and leading international asset recovery efforts for the Malaysian government in a fraud worth USD$9 billion.
  • Acting for the liquidators of a Jersey corporate business which owned a substantial manufacturing entity in the Middle East. This was restored to the companies register before being made subject to a just and equitable winding up order aimed at investigating the actions of its former directors in transferring company assets at an undervalue.
  • Advising the joint official liquidators on all aspects of the liquidation proceedings in respect of Performance Insurance Company SPC and its segregated portfolios, all of which were operated as separate captive insurance vehicles for United States based insureds.
  • Acting for a group of retail investors who successfully petitioned the Grand Court in the Cayman Islands for the appointment of provisional liquidators and for the winding up of Atom Holdings, the parent company of cryptocurrency exchange AAX. This was the first winding up of a cryptocurrency enterprise in the Cayman Islands.

Key People

Always willing to go above and beyond to assist the client. Able to provide reasonable alternatives to resolve issues and puts every effort to ensure that client’s interests are protected. They are equipped with the latest updates, and are on top of their game with a good network locally and abroad.

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