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

View full team

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Nicola Carlton

Senior Administrator

Manchester

Restructuring and Insolvency

Samantha O'Hara

Senior Manager

London

Restructuring and Insolvency

Conrad Beighton

Director - Head of Midlands

Birmingham

Exec Team, Restructuring and Insolvency

Peter Vinden

Director | Consultant

Manchester

Restructuring and Insolvency

Phil Morton

Director

Loughborough

Restructuring and Insolvency

Davitt Lynch

Director

Bury

Restructuring and Insolvency

Matthew Naylor

Administrator

Manchester

Restructuring and Insolvency

Chris Cunnane

Relationship Manager

Manchester

Restructuring and Insolvency

Lauren Maloney

Funding Relationship Manager

Sheffield

Funding

Redvers Rowson

Junior Administrator Apprentice

Bury

Restructuring and Insolvency

Carl Faulds

Group Head of Restructuring and Insolvency Operations

Hampshire

Restructuring and Insolvency

Debra Brodie

Compliance Office Support

Bury

Compliance

Sophie McDonough

Senior Manager

Bury

Restructuring and Insolvency

Catherine Reynolds

HR Director

Bury

HR

Ryan Holdsworth

Director

Sheffield, Rotherham

Restructuring and Insolvency

Lauren Fitton

Director

Bury

Restructuring and Insolvency

Paul Sharpe

Funding Relationship Manager

Liverpool

Funding

Commercial finance brokerage

Paula Smith

Solicitor | Director - Head of Legal

Manchester

Exec Team, Leonard Curtis Legal

Company & commercial

Aslam Mulla

Manager

Bury

Restructuring and Insolvency

Nella Lawrence

Legal Secretary

Manchester

Leonard Curtis Legal

Andrew Gregory

Solicitor | Director - Chairman

Manchester

Leonard Curtis Legal

Insolvency, Dispute resolution

Sandie Williams

Client Director

Hampshire

Restructuring and Insolvency

Deborah Hooton

Solicitor | Senior Associate

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

Alex Cadwallader

Director - Head of South and Offshore

London

Exec Team, Restructuring and Insolvency

Amy Nelson

Manager

Leeds, York

Restructuring and Insolvency

Toby Gibbons

Assistant Manager

London

Restructuring and Insolvency

Cheryn Fisher

Legal Executive

Manchester

Leonard Curtis Legal

Monty Nash

Junior Administrator

Bristol

Restructuring and Insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate insolvency

Allison Whyborn

Compliance Senior

Bury

Compliance

Brian Walters

Director

Harrogate - Newsource Commercial Finance

Funding

Newsource Commercial Finance

Amanda Harrison

HR Business Partner

Bury

HR

Mike Dillon

Director

Manchester

Restructuring and Insolvency

Amelia Smith

Administrator

Dorset, Hampshire

Restructuring and Insolvency

Russell Villanueva

Administrator

Bury

Restructuring and Insolvency

Joanne Stubbs

Account Manager

Bury

Business Services

Virtualnonexecs

Sidhra Qadoos

Assistant Manager

Manchester

Restructuring and Insolvency

Calvino Elliott

Membership Manager

Bury

Business Services

Virtualnonexecs

Danielle Shore

Director

Sheffield, Rotherham

Restructuring and Insolvency

Samuel Wood

Senior Manager

London

Restructuring and Insolvency

Jermaine Corbin

Business Development Representative

London

Restructuring and Insolvency

Mark Colman

Director

Preston

Restructuring and Insolvency

Joseph Carter

Senior Administrator

London

Restructuring and Insolvency

Ed Fenwick

M&A Manager

London

M&A Advisory

John Crolla

Senior Manager

Bury

Restructuring and Insolvency

Harry Matthews-Roberts

Manager

Jersey

Restructuring and Insolvency

Offshore services

Gary Cain

Head of Business Services

Manchester

Exec Team, Business Services

Ben Kelly

Administrator

Manchester

Restructuring and Insolvency

Ellise Townsend

Senior Administrator

Bury

Restructuring and Insolvency

Andrew Lawrie

Associate Director

London

Restructuring and Insolvency

Rachel Roscoe

Junior Administrator

Bury

Restructuring and Insolvency

Personal insolvency

Amelia Ladbrook

Director - Head of Marketing

Manchester

Marketing

Mark Robinson

Funding Relationship Manager

Manchester

Funding

Commercial finance brokerage

Cate Lord

HR Assistant

Bury

HR

Martin Maloney

Director

Bury

Restructuring and Insolvency

James Hall

Associate Director - Head of Data

Bury

IT

Logan Mantle

Head of Corporate Development

Barlborough, Bury

Finance

Matt Jackson

Associate

Manchester

Business Services

Advisory services - property & construction

Gareth Kinneavy

Senior Manager

Barlborough

Restructuring and Insolvency

Emma Brown

Membership Manager

Bury

Business Services

Virtualnonexecs

Mike Parkinson

Completions Coordinator

Bury

Funding

Commercial finance brokerage

Andrew Poxon

Director – Head of North and Scotland

Bury, Manchester

Exec Team, Restructuring and Insolvency

Helen Hutchinson

Administrator

Liverpool

Restructuring and Insolvency

Megan Singleton

Director

Preston

Restructuring and Insolvency

Helen Murray

Senior Relationship Manager

Birmingham, Worcester, Wolverhampton

Joph Young

Director

Worcester

Restructuring and Insolvency

Henry Dickinson

Senior Administrator

Sheffield

Restructuring and Insolvency

Charlotte Thompson

Administrator

Bristol

Restructuring and Insolvency

Rebecca Lawton

Office Administrator

Bury

Support

Charlotte Bradley

Marketing & Communications Executive

Manchester

Marketing

Iain Nairn

Director

Gateshead

Restructuring and Insolvency

Karen Cockcroft

Senior Team Support

Bury

Support

Christine Bailey

Office Support

Preston

Support

Samantha Burke

Personal Assistant / Office Manager

Leeds, York

Support

Michael Broadbent

Site Support Engineer

Bury

IT

Mike Dinnell

Structured Debt Manager

Liverpool

Funding

Structured debt solutions

Deborah Patrick

Senior Administrator

Manchester

Restructuring and Insolvency

Karolina Peets

Business Advisory Analyst

Manchester

Funding

Business advisory

Adiya Akylbekova

Head of Strategic Projects

Bury

Finance

Matthew Wright

Director

Guernsey

Restructuring and Insolvency

Offshore services

Chetan Chudasama

Enterprise Applications Manager

Bury

IT

Jane Matthewman

Assistant Manager

Bury

Restructuring and Insolvency

Personal insolvency

Emma Edgar

Manager

Bury

Restructuring and Insolvency

Josh Bower

Structured Debt Manager

Manchester

Funding

Structured debt solutions

Klaudia Turonek

Office Administrator

Manchester

Support

Thomas Burton

Junior Administrator

Bury

Restructuring and Insolvency

Joe Douglas

Associate Director - Business Advisory

Manchester

Funding

Business advisory

Ian Lomas

Consultant

Manchester

Business Services

Advisory services - property & construction

Rik Heap

Director

Bury

Restructuring and Insolvency

Ben Bardsley

Supervisor

Bury

Restructuring and Insolvency

Kay Gee

Senior Consultant

Manchester

Business Services

Advisory services - property & construction

Jordan Sawicz

Administrator

Bury

Restructuring and Insolvency

Oliver Rose

Junior Administrator

Manchester

Restructuring and Insolvency

Rachael McCusker

Senior Solicitor

Manchester

Leonard Curtis Legal

Catherine Ormerod

Supervisor

Bury

Restructuring and Insolvency

Wendy Harrison

Office Administrator

Bury

Support

Debbie Batchelor

Accounts Receivable Coordinator

Bury

Finance

Sarah Hewitt

Director - Funding Partnerships

Bury, Manchester

Funding

Commercial finance brokerage

Joshua Young

Apprentice Business Advisory

Manchester

Funding

Business advisory

Cameron Ford

Senior Administrator

Birmingham

Restructuring and Insolvency

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