This article first appeared in the International Comparative Legal Guide – Restructuring & Insolvency 2025, which covers common issues in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees and cross-border issues.
1. Overview
1.1 Where would you place your jurisdiction on the spectrum of debtor- to creditor-friendly jurisdictions?
Bermuda can be described, for the most part, as a creditor-friendly jurisdiction. Secured creditors can generally enforce their security outside of the insolvency process, and the insolvency legislation is pro-creditor. It provides, in particular, for the right of an unsecured…