Rebecca Hennis
Rebecca is an experienced member of CMS’ contentious insolvency team, which is part of the firm’s award-winning restructuring and insolvency group. As a specialist litigator, Rebecca combines technical insolvency knowledge together with experience of dealing with contentious issues in both domestic and cross-border insolvency contexts.
Rebecca often works with other CMS offices on complex, cross-order collapses and is regularly appointed to act for office-holders on general issues with respect to stressed/distressed entities, dealing with claims against former directors, advising on the exercise of office-holders’ statutory powers (including applications under section 236 of the Insolvency Act 1986), obtaining recognition of proceedings abroad, investigating retention of title claims and antecedent transactions and the like; all with the ultimate aim of bringing more recoveries into the estate.
Rebecca also acts for creditors, debtors, companies facing financial difficulties and other stakeholders/third parties asserting or facing potential claims.
Rebecca also has experience advising on Schemes of Arrangements of distressed entities that are regulated.
Practice Area
Panel
- Contributing Author
1 Contributions by Rebecca Hennis
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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