International Asset Tracing in Insolvency

Felicity Toube, Barrister and Visiting Professor, University of Oxford

Felicity Toube KC is a commercial barrister specializing in insolvency, particularly in cross-border issues, in relation to which she also frequently acts as a court-appointed expert. She has taken roles in all the recent major corporate frauds and insolvencies including NMC, Saad, Madoff, Lehman, and Stanford. Felicity is a Vice Chair of the International Insolvency Institute, and Visiting Professor of Practice at the University of Oxford, where she teaches on the Corporate Insolvency and Commercial Mediation courses on the BCL. Felicity is also an ADR Group Accredited Civil & Commercial Mediator, an accredited Arbitrator by CiArb, and is Co-Chair of the INSOL ADR Colloquium.

1. England and Wales, Alex Nelder, James McSweeney, Jerome Squires, Rayhan LangdanaI. Insolvency Law in England and WalesII. Asset Tracing in England and WalesIII. Criminal PowersIV. International Enforcement and Assistance2. USA, Evan J. Zucker, Rick AntonoffI. IntroductionII. Overview of US Insolvency LawIII. US Laws Relevant to Asset Tracing & RecoveryIV. Recovery of Cryptocurrency in Bankruptcy ProceedingsV. Conclusion3. Jersey, Bruce MacNeil, Oliver Passmore, Charlie DessainI. IntroductionII. Overview of Jersey Insolvency RegimesIII. Powers and Duties of Insolvency OfficeholdersIV. Basic Tools for Domestic and International Asset Tracing in InsolvencyV. Court Orders Generally Available for Asset TracingVI. Jersey Law of Asset Tracing (Including Trusts and Restitutionary Remedies)VII. Conclusion4. Guernsey, Mathew Newman, Alex Horsbrugh-PorterI. IntroductionII. Guernsey Insolvency LawIII. Guernsey Law of Asset TracingIV. Conclusion5. The British Virgin Islands, Brian Lacy, Romauld JohnsonI. Chapter OverviewII. Sources of BVI Law, the Legislative Framework, and the Definition of AssetsIII. BVI Insolvency Act ProcessesIV. Orders in Aid of Foreign Proceedings under the Insolvency Act 2003V. Processes and Procedures under the BVI Business Companies Act 2004VI. Disclosure of Documents, Evidence by Deposition, and Letters of RequestVII. Interim Remedies and Piercing the Corporate VeilVIII. Asset Tracing and the Proceeds of CrimeIX. The BVI Law on Asset Tracing Outside Specific Insolvency ProvisionsX. Enforcement of Foreign Judgments and Arbitration AwardsXI. Conclusion6. Cayman Islands, Rachael Reynolds, Gemma Bellfield, Nour Khaleq, Max GaltI. IntroductionII. Cayman Island Legal System; Sources and PrecedentIII. Cayman Islands ProcedureIV. Cayman Islands Company LawV. Cayman Islands Corporate Insolvency RegimeVI. Statement of Affairs: Duties of Cooperation: ExaminationVII. Actions in Insolvency ProceedingsVIII. Foreign companiesIX. Financial Restructuring/Schemes of ArrangementX. Recognition and Enforcement of Foreign Judgments in the Cayman CourtsXI. Personal Bankruptcy: Recognition of Foreign Trustee in BankruptcyXII. Cross-border InsolvenciesXIII. Asset Tracing: Locating Assets: Identifying OwnershipXIV. Practicalities of Asset Tracing in the Cayman IslandsXV. Recalculation of Published Net Asset Values and ClawbackXVI. Interlocutory Injunctions: Asset-Freezing: Disclosure OrdersXVII. Conclusion