In certain circumstances, an insolvency process is unavoidable or may be the most appropriate strategy to deliver the best outcome for creditors and other stakeholders. We will support you in evaluating strategies to restructure that may preserve the business and maximise asset realisations and support you in preparing for the insolvency process.
How we can help
Company Voluntary Arrangement (CVA)
To support a company through financial pressures, the directors can propose a credible repayment plan to the company’s creditors, which provides the company protection from creditor action and allows the directors to retain control and continue trading. This avoids the closure of the company and can result in a better outcome for all stakeholders.
We work with you to consider forecasts for the restructured business going forward. We will negotiate with key stakeholders to determine the best solution that balances the interests of the company and its creditors and will support you through the duration of the CVA. A trading CVA is not to be underestimated it requires dedication and long-term commitment from the company's management and our team is here to support you throughout the process.
Where a company is insolvent or likely to become insolvent, administration can be a powerful tool to rescue a business and preserve employment. Administration is typically used where cash flow pressures are unsurmountable but there is an underlying viable business to preserve. It provides breathing space to allow an administrator to formulate the optimal strategy to achieve the best outcome for the company’s creditors.
We can help by rescuing the business, selling its assets, or identifying alternatives that can lead to a better outcome for creditors and other stakeholders. This includes considering either a conventional administration or a “Pre-Pack” administration.
Creditors’ Voluntary Liquidation (CVL) & Compulsory Liquidation
Where a company is insolvent and there is no other option than to cease trading and be wound-up by its creditors (either voluntarily via its directors and shareholders or compulsory via court order), we have extensive experience in maximising realisations of a wide range of assets to secure the best outcome. As liquidators, we can help by closing the business and bringing finality to the situation.
As with other insolvency appointments, we have a duty to investigate and report on the conduct of directors prior to insolvency and, where appropriate, pursue restitution action for the benefit of the company’s creditors.
Fixed Charge and LPA Receivership
Holders of mortgages or fixed charges can appoint a Fixed Charge or LPA Receiver.
Receiverships are generally simpler and subject to fewer statutory reporting requirements than other formal insolvency procedures. As the receivership is over a specific asset or assets, it can operate alongside the mortgagee’s normal business dealings. Receiverships are often used as a tool by mortgagors to realise a property, collect rental income and/or negotiate with the mortgagee regarding repayment.
We advise and are appointed by a range of lenders and charge holders to manage the orderly sale of commercial properties, residential homes, land for development or other non-property assets. We work closely with local agents, property managers and development specialists to maximise recoveries to lenders.
Where an individual has been made bankrupt, our market-leading National Bankruptcy Centre works to maximise recoveries to creditors whilst ensuring the bankruptcy is administrated in line with the principles of treating customers fairly.
Get in touch
If you would like to speak with a member of our Restructuring team, please submit the contact form below.
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