Regional news: Bahamas

Privy Council allows Bahamian liquidator to serve clawback claim in Bermuda

The UK’s Privy Council has sided with a Bahamian appeals court and allowed a liquidator to serve a fraudulent preference claim outside the jurisdiction.

30 July 2019

Bahamas court: local liquidators can remit bank funds to Cayman Islands under common law

The Supreme Court of the Bahamas has found that common law principles allow the local liquidators of a bankrupt bank to remit funds to its Cayman liquidators, despite the court’s refusal to grant full recognition of the bank’s Cayman proceedings last year.

03 March 2017

Bahamas court overturns ruling on overseas asset recovery, calls for fresh clarity

A Bahamas appeals court has allowed a liquidator to serve a summons out-of-jurisdiction for the recovery of alleged fraudulent preferences in a 14-year-old winding-up proceeding, overturning an earlier Supreme Court ruling.

01 March 2017

Bahamas publishes list of countries whose insolvency proceedings it can recognise

The Bahamian Liquidation Rules Committee has published a list of foreign jurisdictions whose insolvency proceedings the Bahamian courts will now be able to recognise, closing a lacuna in the local law that left foreign creditors unable to access Bahamian assets at least twice in the past year.

20 May 2016

Bahamian court dismisses foreign liquidators’ petition in repeat of Baha Mar

The Bahamian Supreme Court has declined to recognise the Cayman Islands-based liquidation proceedings of a local bank as foreign main proceedings under common law, in a decision that takes a similar approach to last year’s Baha Mar.

19 February 2016

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