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.  

These are the seven key things to take on board:

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

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.

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.

  1. Forecast. And then challenge your forecast

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.

  1. Act quickly when you see trouble ahead

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.

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.

  1. Ask for help

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.

  1. Keep talking to your stakeholders

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.

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.

  1. Keep lenders and creditors on side

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.

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

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.

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.

CVAs

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.

Prepacks

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.

Finally

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.

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

Kathryn Ferns

Manager

Bury

Restructuring and Insolvency

Personal insolvency

Sandie Williams

Client Director

Hampshire

Restructuring and Insolvency

Elaine Holland

Assistant Manager

Sheffield, Rotherham

Restructuring and Insolvency

Alex Stephens

Lender Relationship Specialist

Manchester

Funding

Commercial finance

Adam Hembrough

Head of Development

Bury

Business Services

Virtualnonexecs

Michael Wain

Membership Manager

Bury

Business Services

Virtualnonexecs

Sophie Coates

Junior Administrator

Manchester

Restructuring and Insolvency

Debbie Batchelor

Accounts Receivable Coordinator

Bury

Finance

Iain Nairn

Director

Gateshead

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Zaynah Anjam

Business Development Insights Manager

Bury

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Edward Sparks

Administrator

Sheffield

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Amelia Heeds

Administrator

Manchester

Restructuring and Insolvency

Phil Trueman

Specialist Funding Relationship Manager

Beverley, Leeds, York

Funding

Commercial finance brokerage

Beth Taylor

Office Support

Bury

Support

Jon Shaw

Specialist Funding Relationship Manager

Leeds

Funding

Newsource

Harish Bhojwani

Manager

London

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Personal insolvency

Evie Foulkes

Trainee Administrator

Hampshire

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Alnur Miah

Manager

Preston

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Bill Bordill

Director - Expert Services

Manchester

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James Nixon

Business Development Executive

Leeds, Beverley, Huddersfield, York

Emma Edgar

Senior Manager

Bury

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Martin Maloney

Director

Bury

Restructuring and Insolvency

Richard Turvey

Director

Manchester

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Richard Bruton

Funding Relationship Manager

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Josh Bower

Structured Debt Manager

Manchester

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Amanda Harrison

HR Business Partner

Bury

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Paula Castle

Brand and Communications Director

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Lorraine Webley

Office Support

Birmingham

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Lauren Fitton

Director

Bury

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Sam Wakeman

Junior Administrator

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Cheryn Fisher

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Leonard Curtis Legal

Mike Critchley

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Amber Holt

Finance Support Administrator

Guernsey

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Karolina Peets

Business Advisory Analyst

London

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Richard Bradley

Senior Manager

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Andrew Bayley

Director

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Chetan Chudasama

Enterprise Applications Manager

Bury

IT

Liam Griffin

Director - Head of Restructuring Advisory

Manchester

Restructuring and Insolvency

Restructuring Advisory

Aaron Blake

Head of Group Reporting

Bury

Finance

Samantha O'Hara

Senior Manager

London

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Eve Johnson

Junior Administrator

Bury

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Andrew Pitts

Director

Bury

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Jade Roberts

Marketing and Events Executive

Manchester

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Alison Britner

Group Operations Manager

Bury

Support

Abi Conah

Administrator

Manchester

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Michelle Oliver-Tomlinson

Manager

Birmingham

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Natalie Rigby

Administrator

Bury

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Bethany Murgatroyd

Junior Administrator

Leeds

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Charlie Bunting

Trainee Solicitor

Manchester

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Corporate insolvency

Yamin Vahaluwala

Senior Data Analyst

Bury

IT

Vicky Pitts

Director | Head of Compliance - Restructuring and Insolvency

Bury

Compliance

Millie Egan

Membership Manager

Bury

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Marc Williams

Solicitor

Manchester

Leonard Curtis Legal

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Cameron Ford

Senior Administrator

Birmingham

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Zahidur Miah

Senior Administrator

Manchester

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Mark Colman

Director

Preston

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Olivia White

Administrator

Manchester

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Neil Hoad-Vrolijk

Senior Manager

Gateshead

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Logan Mantle

Head of Corporate Development

Barlborough, Bury

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Myles Thompson

Junior Administrator

Bury

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Jodie Hollinshead

Administrator

Birmingham

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Khalid Suli

Senior Administrator

Bury

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Dan Bell

Head of Broker Relations

Leeds

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Chris Rodger

Group Financial Controller

Bury

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Rochelle Schofield

Director

Manchester

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Ian Lomas

Consultant

Manchester

Business Services

Advisory services - property & construction

Jeremy Edward

Senior Administrator

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Sean Williams

Director - Head of Yorkshire and North East

Leeds

Exec Team, Restructuring and Insolvency

Amelia Ladbrook

Director - Head of Marketing

Manchester

Marketing

Bradley Jordan

Trainee Insolvency Administrator

Guernsey

Restructuring and Insolvency

Offshore services

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Matthew Naylor

Administrator

Manchester

Restructuring and Insolvency

Megan Birks

Junior Administrator

Bury

Restructuring and Insolvency

Chloe Hobson

Senior Administrator

Hampshire

Restructuring and Insolvency

Charlie Ottewill

Manager

Manchester

Restructuring and Insolvency

Joshua White

Administrator

Bury

Restructuring and Insolvency

Anbrin Sadaf

Office Support

Bury

Support

Ben Powell

Business Advisory Analyst

Manchester

Funding

Business advisory

Katharine Downs

Finance Manager

Hampshire

Finance

Katy McAndrew

Director

Manchester

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Dane O'Hara

Director - Head of Restructuring Advisory

Thames Valley, London

Restructuring and Insolvency

Restructuring Advisory, Corporate Insolvency

Bethany Osmond

Senior Manager

Guernsey

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Offshore services

Rachel Roscoe

Administrator

Bury

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Personal insolvency

Shamana Rani

Business Advisory Analyst

Manchester

Funding

Business advisory

Tom Young

Administrator

Preston

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Louise Nadine

Case Manager

Leeds

Funding

Newsource

Lucy Abbott-Giles

Senior Manager

Birmingham

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Ben Bardsley

Assistant Manager

Bury

Restructuring and Insolvency

Sidhra Qadoos

Assistant Manager

Manchester

Restructuring and Insolvency

Beth Eagles

Design and Digital Marketing Executive

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Liz Welch

Director

Birmingham

Restructuring and Insolvency

Jane Carey

Associate Director

Bury

Compliance

Grace Cabangal

Assistant Accountant

Bury

Finance

Chris Cunnane

Relationship Manager

Manchester

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Steve Muncaster

Director

Liverpool

Restructuring and Insolvency

Lewis Farrin-Berry

Junior Administrator

Bury

Restructuring and Insolvency

Joseph Carter

Senior Administrator

London

Restructuring and Insolvency

Joe Higgins

Junior Administrator

Gateshead

Restructuring and Insolvency

Mala Patel

Manager

Manchester

Restructuring and Insolvency

Joshua Young

Apprentice Business Advisory

Manchester

Funding

Business advisory

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