Kate Herbert
Kate Herbert is an associate in the Dispute Resolution Team at CMS London.
Practice Area
Panel
- Other Publications
1 Contributions by Kate Herbert
CHECKLISTS
Assigning insolvency estate and office-holder claims in England and Wales: practical checklist on powers, validity, costs, documentation, disclosure and key authorities (Insolvency Act 1986; SBEEA 2015)
What claims or causes of action can be assigned?
Insolvency office-holders should bear in mind the difference between transferring an ‘office-holder claim’ (ie any statutory cause of action the office-holder may pursue under the Insolvency Act 1986 (IA 1986)) and a claim that resides in the insolvent company (ie a ‘company claim’) or in the bankrupt individual.
Claims which vest in the insolvent company or the bankrupt individual
An insolvency office-holder’s central obligation is to gather in the property of the insolvent company or the bankrupt individual and to realise its value for the benefit of creditors.
See Practice Notes:
Role, powers, functions and duties of an administrator
Role, powers, functions and duties of a liquidator
Role, powers, functions and duties of a trustee in bankruptcy
As choses in action fall within the meaning of property capable of realisation, insolvency office-holders may assign claims that vest in an insolvent company or a bankrupt individual from the outset of the insolvency proceedings, under various provisions of IA 1986...
Restructuring & Insolvency
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