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

Natalie Rigby

Administrator

Bury

Restructuring and Insolvency

Rachael McCusker

Senior Solicitor

Manchester

Leonard Curtis Legal

Helen Murray

Senior Relationship Manager

Birmingham, Worcester, Wolverhampton

Lifecycle

Angie James

Cashier

Hampshire

Restructuring and Insolvency

Helen Sutherland

Paralegal

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

Klaudia Turonek

Office Administrator

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Support

Rebecca Angell

Marketing Executive

London

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Stephen Hartshorne

Senior Manager

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Sherrelle Scott

Solicitor | Director

Manchester

Leonard Curtis Legal

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Helen Hutchinson

Administrator

Liverpool

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Amy Mehers

Director - Head of Personal Insolvency

Bury

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Toby Gibbons

Assistant Manager

London

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Laura Archbold

Business Manager | Consultant

Bury

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Junior Administrator Apprentice

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Wendy Harrison

Office Administrator

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Cate Lord

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David Brown

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Restructuring and Insolvency

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Mark Colman

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Leonard Curtis Legal

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Manager

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Bradley Sanderson

Senior Administrator

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Joe Douglas

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Catherine Ormerod

Supervisor

Bury

Restructuring and Insolvency

Darren Grimshaw

Associate Director

Bury

Restructuring and Insolvency

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Daniel Jeanes

Business Development Manager

Cardiff

Lifecycle

Josh Bower

Manager

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Structured debt solutions

Amelia Blythe

Assistant Manager

Leeds, York

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Sue Richardson

Associate Manager

Isle of Man

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Senior Manager

Guernsey

Restructuring and Insolvency

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Redvers Rowson

Junior Administrator Apprentice

Bury

Restructuring and Insolvency

Timothy Kendrick

Administrator

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Restructuring and Insolvency

Sophie Coates

Junior Administrator

Manchester

Restructuring and Insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate insolvency

Richard Turvey

Director

Manchester

Business Services

Jane Wragg

Business Development Manager

Sheffield

Restructuring and Insolvency

Sandie Williams

Client Director

Hampshire

Restructuring and Insolvency

Eleanor Carmichael

Events Manager

Manchester

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Aslam Mulla

Manager

Bury

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Lauren Fitton

Associate Director

Bury

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Ian Lomas

Consultant

Manchester

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Robert Dunleavy

Manager

Guernsey

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Karen Cockcroft

Senior Team Support

Bury

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James Hall

Associate Director - Head of Data

Bury

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Joanne Tipper

Senior Business Development Manager

Chester

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Ann Simmons

Senior Administrator

Liverpool

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Shamana Rani

Business Advisory Analyst

Manchester

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Robyn Snape

Senior Relationship Manager

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Daniel Szczerkowski

Administrator

Bury

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Beth Eagles

Design and Digital Marketing Executive

Manchester

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Simra Banaras

Junior Administrator

Gateshead

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Supervisor - Cashier

Bury

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Jason Martin

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Leeds, York

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Richard Bruton

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London

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Lucy Abbott

Senior Manager

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Karen Over

Manager

Bristol

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Trainee Cashier

Bury

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Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

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Gus Fiennes

Junior Administrator

London

Restructuring and Insolvency

Azimunnisa Raj

Senior Administrator

Preston

Restructuring and Insolvency

Jackie Renehan

Supervisor

Isle of Man

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John Crolla

Senior Manager

Bury

Restructuring and Insolvency

Kristie Bowden

Trainee Cashier

Bury

Restructuring and Insolvency

Conor Jones

Advisory Analyst

Manchester

Funding

Business advisory

Alfie Yearsley

Graduate Data Analyst

Bury

IT - Data

Joe Thompson

Assistant Manager

Manchester

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Ben Kelly

Administrator

Manchester

Restructuring and Insolvency

Russell Villanueva

Administrator

Bury

Restructuring and Insolvency

Tom Benson

Administrator

Sheffield

Restructuring and Insolvency

Samantha O'Hara

Senior Manager

London

Restructuring and Insolvency

Brian Walters

Director

Harrogate - Newsource Commercial Finance

Funding

Newsource Commercial Finance

Andrew Lawrie

Associate Director

London

Restructuring and Insolvency

Nia Park

Junior Administrator

Bury

Restructuring and Insolvency

Natasha Lee

Administrator

Manchester

Restructuring and Insolvency

Aron Williams

Assistant Manager

London

Restructuring and Insolvency

Stewart Goldsmith

Director

Hampshire

Restructuring and Insolvency

Iain Nairn

Director

Gateshead

Restructuring and Insolvency

Ed Brown

Business Development Manager

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Laurence Ollerton

Assistant Manager

Bury

Restructuring and Insolvency

Rachael Bentley

Solicitor | Director

Manchester

Leonard Curtis Legal

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Joseph Carter

Senior Administrator

London

Restructuring and Insolvency

Ben Bardsley

Supervisor

Bury

Restructuring and Insolvency

Chris Duffill

Director of Advisory Services

Manchester

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Jane Carey

Associate Director

Bury

Compliance

Emma Hartley

Senior Administrator

Bury

Restructuring and Insolvency

Sharon Tyson

Cashier Manager

Bury

Restructuring and Insolvency

Chris Knott

Director

Stoke

Restructuring and Insolvency

Caitlin Baron

Marketing and Communications Executive

Manchester

Marketing

Kay Gee

Senior Consultant

Manchester

Business Services

Advisory services - property & construction

Olivia White

Administrator

Manchester

Restructuring and Insolvency

Alana Mills

Senior Business Development Manager

Barlborough, Loughborough

Lifecycle

Andrew Bayley

Director

Manchester

Restructuring and Insolvency

Beth Nelson

Administrator

Sheffield

Restructuring and Insolvency

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