R&I over Wi-Fi - Restructuring provisional liquidator deployed by BVI court

The transaction saw a creative move by the BVI courts, who accepted the appointment by the company of a light touch provisional liquidator over the BVI subsidiaries of Constellation, providing a moratorium against its unsecured creditors and breathing space for the Brazilian restructuring to operate.

Here we take a closer look at the legal and practical implications of the restructuring, and whether legislative reform is on the cards in the BVI.

• The Operation Car Wash (lava jato) investigation, as it did with many Brazilian businesses in the same industry, had a massive impact on the operations of Oil and Gas giant Queiroz Galvão Oil & Gas group (now Constellation).
• The restructuring involved an unprecedented move by the BVI courts, who accepted the appointment by the company of provisional liquidators, with only minimal supervisory powers but providing the umbrella protection of a moratorium.
• The ejection of one of the key BVI subsidiaries from the Brazilian restructuring required a BVI solution to compromise its obligations to allow the reissuance of fresh notes and security.
• Following the successful Brazilian RJ, the BVI scheme was approved in February of this year and obtained Chapter 15 recognition in the SDNY in March to complete the US$1.5+ billion restructuring.

Please check out our Restructuring page for dedicated specialist expertise needed to navigate the complexities which can arise for a distressed company in a cross-border environment.

Click here to subscribe to our R&I over Wi-Fi podcast. Choose your preferred platform from the list presented and click subscribe or follow once logged in.

Harneys produces a variety of podcasts, providing on-the-go legal analysis over the airways. Visit our Podcasts page to see them all.