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

Leonard Gerber

Director

Isle of Man, Guernsey

Restructuring and Insolvency

Alnur Miah

Manager

Preston

Restructuring and Insolvency

Ben Ainsworth

Junior Insolvency Administrator

Bury

Restructuring and Insolvency

Angie James

Cashier

Hampshire

Restructuring and Insolvency

David Manning

Manager

Hampshire

Restructuring and Insolvency

Debbie Batchelor

Accounts Receivable Coordinator

Bury

Finance

Neil Hoad-Vrolijk

Senior Manager

Gateshead

Restructuring and Insolvency

Abi Conah

Administrator

Manchester

Restructuring and Insolvency

Darren Robinson

Head of Business Development

London

Restructuring and Insolvency

Nara Smithbrook

HR Business Partner

Bury

HR

Sarah Gray

Senior Relationship Manager

Gateshead

Katharine Downs

Finance Manager

Hampshire

Finance

Jon Shaw

Specialist Funding Relationship Manager

Leeds

Funding

Newsource

Mark Gledhill

Senior Manager

Leeds, York

Restructuring and Insolvency

Jeremy Edward

Senior Administrator

London

Restructuring and Insolvency

Khalid Suli

Senior Administrator

Bury

Restructuring and Insolvency

Kieran Brennan

Senior Consultant

Manchester

Business Services

Property & Construction Advisory

Olivia White

Administrator

Manchester

Restructuring and Insolvency

Adam Hembrough

Head of Development

Bury

Business Services

Virtualnonexecs

Grace Cabangal

Assistant Accountant

Bury

Finance

Natalie Rigby

Administrator

Bury

Restructuring and Insolvency

Adam Dilworth

Trainee Data Analyst

Bury

IT

Eve Johnson

Junior Administrator

Bury

Restructuring and Insolvency

Ed Fenwick

M&A Manager

London

M&A Advisory

Catherine Reynolds

HR Director

Bury

HR

Rachael Johns

Manager

Bury

Compliance

Charlotte Thompson

Administrator

Bristol

Restructuring and Insolvency

Kathryn Ferns

Manager

Bury

Restructuring and Insolvency

Personal insolvency

Lakh Singh

Business Development Executive

Bury

Restructuring and Insolvency

James Hall

Associate Director - Head of Data

Bury

IT

Alana Mills

Senior Business Development Manager

Barlborough, Loughborough

Chloe Hobson

Senior Administrator

Hampshire

Restructuring and Insolvency

Zak Travis

IT Support Engineer

Bury

IT

Joshua Young

Apprentice Business Advisory

Manchester

Funding

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Paul Birks

CFO

Bury

Finance, Exec Team

Steve Muncaster

Director

Liverpool

Restructuring and Insolvency

Conrad Beighton

Director - Head of Midlands

Birmingham

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Dave Nash

Office Administrator and Systems Support

Manchester

Leonard Curtis Legal

Mike Dinnell

Structured Debt Manager

Liverpool

Funding

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Aaron Blake

Head of Group Reporting

Bury

Finance

Gary Cain

Head of Business Services

Manchester

Exec Team, Business Services

Rebecca Lawton

Office Administrator

Bury

Support

Amy Nelson

Manager

Leeds, York

Restructuring and Insolvency

Nadine Swettenham

Senior Manager

Manchester

Restructuring and Insolvency

Dan Booth

CEO

Manchester

Exec Team

Jececlyn Mark Hor Yien

Junior Administrator

London

Restructuring and Insolvency

Ben Kelly

Administrator

Manchester

Restructuring and Insolvency

David Brown

Chief Operating Officer

Bury

Exec Team

Paul Sharpe

Funding Relationship Manager

Liverpool

Funding

Commercial finance brokerage

Liam Griffin

Advisory Director

Manchester

Restructuring and Insolvency

Restructuring Advisory

Awaes Ali

Assistant Manager - Business Advisory

Manchester

Funding

Business advisory

Helen Hales

Senior Administrator

Manchester

Restructuring and Insolvency

Rob Venables

PR Coordinator

Manchester

Marketing

Anthony Milnes

Director

Huddersfield

Restructuring and Insolvency

Sharon Tyson

Senior Manager - Cashier

Bury

Restructuring and Insolvency

Rachna Sood

Learning and Development Business Partner

Bury

HR

Peter Vinden

Director | Consultant

Manchester

Restructuring and Insolvency

Beth Taylor

Office Support

Bury

Support

Sophie McDonough

Senior Manager

Bury

Restructuring and Insolvency

Marc Palmer

Manager

London

Restructuring and Insolvency

Russell Villanueva

Senior Administrator

Bury

Restructuring and Insolvency

Anthony Bailey

Manager

Liverpool

Restructuring and Insolvency

Summer Hume

Junior Administrator

London

Restructuring and Insolvency

Becky Owen

Head of Funding

Manchester

Exec Team, Funding

Sarah Lovell

Head of Interim

Bury

Business Services

Virtualnonexecs

Glee Pigozzi

Executive Assistant

London

Restructuring and Insolvency

Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

Insolvency

Mala Patel

Manager

Manchester

Restructuring and Insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate

Isabelle Messenger

Senior Administrator

Bury

Restructuring and Insolvency

Ian Lomas

Consultant

Manchester

Business Services

Advisory services - property & construction

Laurence Ollerton

Assistant Manager

Bury

Restructuring and Insolvency

Sam Kaye

Administrator

Birmingham

Restructuring and Insolvency

Erin Dennehy

HR Business Partner

Bury

HR

Jodie Hollinshead

Administrator

Birmingham

Restructuring and Insolvency

Jane Carey

Associate Director

Bury

Compliance

Jordan Ayitey

Administrator

Hampshire

Restructuring and Insolvency

Yamin Vahaluwala

Senior Data Analyst

Bury

IT

Rachel Roscoe

Administrator

Bury

Restructuring and Insolvency

Personal insolvency

Rachel Crossley

Administrator

Sheffield, Rotherham

Restructuring and Insolvency

Beth Nelson

Administrator

Sheffield

Restructuring and Insolvency

Samantha Fishwick

Compliance Senior

Bury

Compliance

Monty Nash

Junior Administrator

Bristol

Restructuring and Insolvency

Tyrone Egan

Office Support

Bury

Support

Victoria Cleary

Administrator

Liverpool

Restructuring and Insolvency

Caitlin Baron

Marketing and Communications Executive

Manchester

Marketing

Phil Trueman

Specialist Funding Relationship Manager

Beverley, Leeds, York

Funding

Commercial finance brokerage

Oliver Kennedy

Manager

London

Restructuring and Insolvency

James Parsonage

Senior Manager

Bury

Restructuring and Insolvency

Jonathan Roberts

Solicitor | Director

London

Leonard Curtis Legal

Corporate

Ambrin Hussain

Office Support

Bury

Support

Myles Thompson

Junior Administrator

Bury

Restructuring and Insolvency

Sherrelle Scott

Solicitor | Director

Manchester

Leonard Curtis Legal

Corporate

Oliver Rose

Junior Administrator

Manchester

Restructuring and Insolvency

Jonathan Todd

Associate Director

Gateshead

Restructuring and Insolvency

Andrew Bayley

Director

Manchester

Restructuring and Insolvency

Matt Jackson

Associate

Manchester

Business Services

Advisory services - property & construction

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Amanda Cavanagh

Executive Assistant

Bury

Support

Deborah Hooton

Solicitor | Senior Associate

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

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