The warning signs of distress, what to look for and first steps to take

Leonard Curtis celebrates 30 years of restructuring and turnaround advisory this year so there is nothing we have not seen in terms of business distress. What we do say to business owners – if they look as though they are heading for trouble - is to look for warning signs and act accordingly.  

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These are the seven key things to take on board:

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  1. ‍Don’t bury your head and hope problems will go away

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It’s very easy for any business manager to fall into the ‘hoping for the best’ trap, as business owners are naturally optimistic, and the alternative is too terrible to contemplate. Ignoring problems, however, is unlikely to be a solution, and this is more likely to lead to failure.

It’s essential to take stock of the reality of the situation, including external factors such what’s happening in the market, then bring the management team or trusted advisors together to review the strategy and decide what needs to change. This needs to be done at an early stage of any distress.

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It is worth saying that even if a formal insolvency process becomes necessary, it doesn’t always mean the end of the road. Our focus is always forward with purpose whatever that looks like for a business owner.

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  1. Forecast. And then challenge your forecast

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Regular forecasting particularly cashflow, is extremely important for any business – not just for survival, but also to identify opportunities for growth.  Once projections have been pulled together - for both best and worst possible scenarios – they are an extremely effective guide to developing long-term strategy and managing day to day operations.  Take time to regularly review and challenge your forecast to work out how you can bridge any gaps in your cashflow.

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  1. Act quickly when you see trouble ahead

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By knowing what to look out for - and what steps to then take - a business has more time to react. This emphasises the importance of forecasting, the longer it takes to acknowledge difficulties, the quicker they accelerate, and the more problematic they become. If caught unaware, often, by the time the ‘cashflow crunch’ hits and creditors are chasing for payment, the options for remedial action reduce.

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It is also important to understand what your business means to you. We meet with many business owners who, when they really think about it, don’t want to spend every day fighting fires. They recognise that sometimes it is better to work for someone else. We always ask business owners what ‘good’ really looks like for them and then formulate a plan to make the best of the situation.

Even at the later stages, distress doesn’t always mean disaster. From time to time, we are all faced with a situation where we don’t know the immediate answer, so asking for help is the brave and correct thing to do.

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  1. Ask for help

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Nobody should be afraid of asking for help, there is plenty of trusted support available from qualified professionals including at Leonard Curtis and we have a very open door approach. Five years on from Covid, times remain challenging for many businesses, but again, a greater proportion of them can certainly be saved if issues are taken on board and specialist advice sought early.

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  1. Keep talking to your stakeholders

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Once you have identified the cause of the distress and developed a plan to deal with the situation, communicating well in the right way with employees, customers and suppliers – the key people around your business – will help turn a distressed situation around.

Without customers, you have no business. Without your suppliers you can’t make your products and without your employees you can’t deliver them. So, knowing what to say and when to say it is important and part of the guidance we can provide. This should just be a natural extension of what you would normally be doing – knowledge from communication helps understand customers’ requirements and challenges and identify early any problems with potential debtors.

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The same goes for suppliers. You need to ensure you can still get the services and raw materials you need. And if you’re struggling to keep up to date with payments then talking to them in advance is far more likely to secure to their support than just ignoring the issue.

​​​​​​Being honest with employees – at the right time – to inform and reassure if you can, is fundamental – especially if there is a recovery plan involving their support or you need to manage any exits professionally.

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  1. Keep lenders and creditors on side

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Again, this comes down to good communication from the management team.

The simple advice is to engage with lenders and creditors at an early stage, especially where difficult messages need to be conveyed. And, if you make a promise to pay later as part of a deferral arrangement, stick to it, otherwise, your credibility may be damaged and confidence in your ability to manage the situation is lost.

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  1. Don’t be afraid of a possible insolvency process - rescue is always the priority

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Confusion surrounding the insolvency process - and fear of repercussions from seeking advice from a corporate recovery professional - means that many owner managers often leave it too late to get help. Asking an insolvency practitioner (IP) for guidance does not automatically lead to the closure of the business.

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On the contrary, our priority - and that of most restructuring firms - is always to try to save a business if possible.  Where we are consulted early enough, we can usually develop a practical strategy to put the company back on a steady footing.

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CVAs

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One of the options may be a Company Voluntary Arrangement (CVA) which can be suitable for many more businesses than just high street brands and large multiple retailer chains. As well as engaging creditors up-front, a CVA offers flexibility and is a helpful recovery option to address cashflow issues provided there is an underlying viable business.

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Prepacks

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Pre-pack administrations can also be the right option in some circumstances, but they are subject to external scrutiny - particularly where business sales to connected parties are involved.  Make sure you take advice from a reputable and licensed IP who can help you steer the correct path. Those who get it wrong could face ongoing challenges from creditors including HMRC and the Insolvency Service.

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Finally

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Family businesses have an additional emotional challenge as often there is a fear of disappointing parents, partners, siblings and children. Often the business owner’s personal identity is based around the business and business distress can create stress in those personal relationships. This makes it even more important to seek confidential impartial advice at an early stage to avoid those personal relationships clouding your judgment which could make the situation worse.

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As business advisors with a range of services including negotiating with creditors, arranging additional funding as well as all the various insolvency options, we are happy to provide confidential initial advice without any cost or obligation to support businesses of all shapes and sizes.

Meet the team

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Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Szczerkowski

Administrator

Bury

Restructuring and Insolvency

Lewis Farrin-Berry

Junior Administrator

Bury

Restructuring and Insolvency

Dan Booth

CEO

Manchester

Exec Team

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Shannon Jones

Assistant Manager

Sheffield, Rotherham

Restructuring and Insolvency

Deborah Lockwood

Director

Sheffield, Rotherham

Restructuring and Insolvency

Hannah Hills

Strategic Projects Business Partner

Bury

Finance

Richard Bruton

Funding Relationship Manager

London

Funding

Commercial finance brokerage

Samuel Wood

Senior Manager

London

Restructuring and Insolvency

Nicola Carlton

Senior Administrator

Manchester

Restructuring and Insolvency

Beth Nelson

Administrator

Sheffield

Restructuring and Insolvency

Julie Hogan

Senior Support

Bury

Support

Evie Foulkes

Trainee Administrator

Hampshire

Restructuring and Insolvency

Tom Young

Administrator

Preston

Restructuring and Insolvency

Andrew Gregory

Solicitor | Director - Chairman

Manchester

Leonard Curtis Legal

Insolvency, Dispute resolution

Ed Brown

Funding Relationship Manager

Birmingham

Funding

Laurence Ollerton

Assistant Manager

Bury

Restructuring and Insolvency

Amber Holt

Finance Support Administrator

Guernsey

Finance

Offshore services

Andrew Lawrie

Associate Director

London

Restructuring and Insolvency

Mike Dillon

Director

Manchester

Restructuring and Insolvency

Sarah Hewitt

Director - Funding Partnerships

Bury, Manchester

Funding

Commercial finance brokerage

Liz Welch

Director

Birmingham

Restructuring and Insolvency

Nicola Brooks

Head of Client Relations (North)

Manchester

Lifecycle

Zahidur Miah

Senior Administrator

Manchester

Restructuring and Insolvency

Danielle Shore

Director

Sheffield, Rotherham

Restructuring and Insolvency

Conrad Beighton

Director - Head of Midlands

Birmingham

Exec Team, Restructuring and Insolvency

Raul Mer

Administrator

London

Restructuring and Insolvency

Ben Bardsley

Assistant Manager

Bury

Restructuring and Insolvency

Mark Colman

Director

Preston

Restructuring and Insolvency

Ryley Platt

Service Desk Engineer

Bury

IT

Kristie Bowden

Trainee Cashier

Bury

Restructuring and Insolvency

Helen Hutchinson

Administrator

Liverpool

Restructuring and Insolvency

Ashley Petty

Manager

Jersey

Restructuring and Insolvency

Offshore services

Jonathan Roberts

Solicitor | Director

London

Leonard Curtis Legal

Corporate

Rik Heap

Director

Bury

Restructuring and Insolvency

Ian Lomas

Consultant

Manchester

Business Services

Advisory services - property & construction

Leonard Gerber

Director

Isle of Man, Guernsey

Restructuring and Insolvency

Tracy Gardner

Associate Director of Advisory Services – Property and Construction

Manchester

Business Services

Advisory services - property & construction

Neil Wright

Memberships Manager | Consultant

Bury

Business Services

Virtualnonexecs

Joe Thompson

Assistant Manager

Manchester

Restructuring and Insolvency

Allan Murt

Associate

Manchester

Business Services

Advisory services - property & construction

Ross Heald

Administrator

Bury

Restructuring and Insolvency

Helen Sutherland

Paralegal

Manchester

Leonard Curtis Legal

James Nixon

Business Development Executive

Leeds, Beverley, Huddersfield, York

Klaudia Turonek

Office Administrator

Manchester

Support

Ed Fenwick

M&A Manager

London

M&A Advisory

Jade Roberts

Marketing and Events Executive

Manchester

Marketing

Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

Insolvency

Sam Wakeman

Junior Administrator

London

Restructuring and Insolvency

James Hall

Associate Director - Head of Data

Bury

IT

Alex Cadwallader

Director - Head of South and Offshore

London

Exec Team, Restructuring and Insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate

Carl Faulds

Group Head of Restructuring and Insolvency Operations

Hampshire

Restructuring and Insolvency

Sue Richardson

Associate Manager

Isle of Man

Restructuring and Insolvency

Sean Ward

Associate Director

Cardiff, Bristol

Restructuring and Insolvency

Wendy Harrison

Office Administrator

Bury

Support

Alfie Yearsley

Graduate Data Analyst

Bury

IT - Data

Nick Myers

Director

London

Restructuring and Insolvency

Rochelle Schofield

Director

Manchester

Restructuring and Insolvency

Natalie Rigby

Administrator

Bury

Restructuring and Insolvency

Eleanor Doyle

Legal Executive

Manchester

Restructuring and Insolvency

Sherrelle Scott

Solicitor | Director

Manchester

Leonard Curtis Legal

Corporate

Gavin Snell

Non-Executive Chairman

Bury

Exec Team

Beth Eagles

Design and Digital Marketing Executive

Manchester

Marketing

Matthew Naylor

Administrator

Manchester

Restructuring and Insolvency

Charlotte John

Manager

London

Restructuring and Insolvency

Stephen Beverley

Director

Sheffield, Rotherham

Restructuring and Insolvency

Redvers Rowson

Administrator

Bury

Restructuring and Insolvency

Jordan Ayitey

Administrator

Hampshire

Restructuring and Insolvency

Martin Maloney

Director

Bury

Restructuring and Insolvency

Emma Smith

Operations Analyst

Manchester

Funding

Marc Palmer

Manager

London

Restructuring and Insolvency

Paul Haworth

Head of Group Risk and Compliance

Bury

Compliance

Andrew Heesom

Finance Manager

Bury

Finance

Donna Crompton

Director

Liverpool, Chester

Restructuring and Insolvency

Neil Hoad-Vrolijk

Senior Manager

Gateshead

Restructuring and Insolvency

Christine Bailey

Office Support

Preston

Support

Nadine Swettenham

Senior Manager

Manchester

Restructuring and Insolvency

Mike Critchley

Non-Executive Director

Bury

Business Services

Virtualnonexecs

Helen Murray

Senior Relationship Manager

Birmingham, Worcester, Wolverhampton

Jon Miles

Administrator

Liverpool

Restructuring and Insolvency

Oliver Kennedy

Manager

London

Restructuring and Insolvency

Cameron Ford

Senior Administrator

Birmingham

Restructuring and Insolvency

James Langston

Administrator

London

Restructuring and Insolvency

Adiya Akylbekova

Head of Strategic Projects

Bury

Finance

Becky Owen

Head of Funding

Manchester

Exec Team, Funding

Maxwell Shelton

Business Advisory Analyst

Manchester

Funding

Business advisory

Jececlyn Mark Hor Yien

Junior Administrator

London

Restructuring and Insolvency

Davitt Lynch

Director

Bury

Restructuring and Insolvency

Chelsea Hanson

Office Manager

Barlborough

Support

Zaynah Anjam

Business Development Insights Manager

Bury

Restructuring and Insolvency

Andrew Knowles

Director

Manchester

Restructuring and Insolvency

Aslam Mulla

Manager

Bury

Restructuring and Insolvency

Arvin Charchi

Group Information Security Manager

Bury

IT

Stephen Hartshorne

Senior Manager

Manchester

Restructuring and Insolvency

Elliott Boot

Case Manager

Leeds

Funding

Newsource

Mariam Asif

Administrator

Bury

Restructuring and Insolvency

Samantha O'Hara

Senior Manager

London

Restructuring and Insolvency

Michael Broadbent

Site Support Engineer

Bury

IT

Harry Matthews-Roberts

Manager

Jersey

Restructuring and Insolvency

Offshore services

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