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

Caitlin Baron

Marketing and Communications Executive

Manchester

Marketing

Adrian Graham

Director

Sheffield, Rotherham

Restructuring and Insolvency

Kristie Bowden

Trainee Cashier

Bury

Restructuring and Insolvency

Sarah MacInnes

Optimise Client Manager

Manchester

Business Services

Abi Conah

Administrator

Manchester

Restructuring and Insolvency

Marc Palmer

Manager

London

Restructuring and Insolvency

Joanne Tipper

Senior Business Development Manager

Chester

Marcus Cradden

Trainee Cashier

Bury

Restructuring and Insolvency

Rebecca Lawton

Office Administrator

Bury

Support

James Parsonage

Manager

Bury

Restructuring and Insolvency

Yasin Hussain

Administrator

Preston

Restructuring and Insolvency

Dane O'Hara

Director - Head of Restructuring Advisory

Thames Valley, London

Restructuring and Insolvency

Restructuring Advisory, Corporate Insolvency

David Tovey

Manager

Hampshire

Restructuring and Insolvency

Emma Hartley

Supervisor

Bury

Restructuring and Insolvency

Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

Insolvency

Emma Brown

Membership Manager

Bury

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Amelia Blythe

Assistant Manager

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Jonathan Roberts

Solicitor | Director

London

Leonard Curtis Legal

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Chris Cunnane

Relationship Manager

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Alnur Miah

Manager

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Angie James

Cashier

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Eve Johnson

Junior Administrator

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Chris Rodger

Group Financial Controller

Bury

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Amy Mehers

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Bury

Exec Team, Restructuring and Insolvency

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Phil Deyes

Director

Beverley, Leeds, York

Restructuring and Insolvency

Paula Castle

Brand and Communications Director

Manchester

Marketing

Natalie Rigby

Administrator

Bury

Restructuring and Insolvency

James Hall

Associate Director - Head of Data

Bury

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Beth Nelson

Administrator

Sheffield

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Heather Deson

Team Support Administrator

Birmingham

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Karen Assiak

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Jason Martin

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Marc Williams

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Jade Roberts

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Daniel Whitaker

Junior Administrator

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Yamin Vahaluwala

Senior Data Analyst

Bury

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Conor Jones

Advisory Analyst

Manchester

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Amelia Ladbrook

Director - Head of Marketing

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Sue Richardson

Associate Manager

Isle of Man

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Beverley Roberts

Secretary

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Support

Mark Robinson

Business Development Manager

Manchester

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Rochelle Schofield

Director

Manchester

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Martin Maloney

Director

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Toby Rolls

Head of M&A Advisory - Director

London

Chris Beevers

Head of Search

Bury, Gateshead

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Robyn Snape

Senior Relationship Manager

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Ben Bardsley

Supervisor

Bury

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Richard Turvey

Director

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Thomas Burton

Junior Administrator

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Jenny Fell

Senior Solicitor

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Leonard Curtis Legal

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Alison McLauchlan

Manager

Liverpool

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Klaudia Turonek

Office Administrator

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Henry Dickinson

Senior Administrator

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Robert Dunleavy

Manager

Guernsey

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Nia Park

Junior Administrator

Bury

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Mark Colman

Director

Preston

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Azimunnisa Raj

Senior Administrator

Preston

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Director

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Digital Marketing Executive

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Michelle Temiwoluwa

Paralegal

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Junior Administrator

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Eleanor Doyle

Legal Executive

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Amy Nelson

Manager

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Lewis Farrin-Berry

Junior Administrator

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Tom Benson

Administrator

Sheffield

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Hilary Pascoe

Director

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Joshua Young

Apprentice Business Advisory

Manchester

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Mike Fortune

Director

Hampshire

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Rachael McCusker

Senior Solicitor

Manchester

Leonard Curtis Legal

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate insolvency

Summer Hume

Junior Administrator

London

Restructuring and Insolvency

Rebecca Angell

Marketing Executive

London

Marketing

Vicky Pitts

Director

Bury

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Logan Mantle

Head of Corporate Development

Barlborough, Bury

M&A Advisory

Lauren Maloney

Business Development Manager

Sheffield

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Ellise Townsend

Senior Administrator

Bury

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Emma Edgar

Manager

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Restructuring and Insolvency

Nicola Brooks

Head of Client Relations (North)

Manchester

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Isabelle Messenger

Administrator

Bury

Restructuring and Insolvency

Phil Morton

Director

Loughborough

Restructuring and Insolvency

Neil Bennett

Director

London

Restructuring and Insolvency

Sam Kaye

Junior Administrator

Birmingham

Restructuring and Insolvency

Ashley Petty

Manager

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Restructuring and Insolvency

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Natasha Phillimore

Administrator

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Laura Archbold

Business Manager | Consultant

Bury

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Amelia Heeds

Administrator

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Restructuring and Insolvency

Adam Hembrough

Head of Development

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Lucy Abbott

Senior Manager

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Christian Waller

IT Director

Bury

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Aslam Mulla

Manager

Bury

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Aaron Blake

Head of Group Reporting

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Design and Digital Marketing Executive

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Sarah Harnett

Administrator

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Harry Ball

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Leonard Curtis Legal

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Manager

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Restructuring and Insolvency

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Administrator

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Solicitor | Director - Chairman

Manchester

Leonard Curtis Legal

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Nicola Harcombe

Assistant Manager

Bristol

Restructuring and Insolvency

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Director

Gateshead

Restructuring and Insolvency

Una Spencer

Cashier

Bury

Restructuring and Insolvency

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