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.  

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These are the seven key things to take on board:

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

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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.

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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.

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  1. Forecast. And then challenge your forecast

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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.

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  1. Act quickly when you see trouble ahead

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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.

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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.

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  1. Ask for help

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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.

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  1. Keep talking to your stakeholders

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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.

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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.

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  1. Keep lenders and creditors on side

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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.

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

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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.

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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.

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CVAs

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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.

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Prepacks

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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.

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Finally

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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.

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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

Stephen Hartshorne

Senior Manager

Manchester

Restructuring and Insolvency

Adiya Akylbekova

Head of Strategic Projects

Bury

Finance

David Tovey

Manager

Hampshire

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Andrew Pitts

Director

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Matthew Wright

Director

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Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

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Arvin Charchi

Group Information Security Manager

Bury

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Michelle Oliver-Tomlinson

Manager

Birmingham

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Bradley Jordan

Trainee Insolvency Administrator

Guernsey

Restructuring and Insolvency

Offshore services

Raul Mer

Administrator

London

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Leah Ranjan

Junior Administrator

Manchester

Restructuring and Insolvency

Davitt Lynch

Director

Bury

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Richard Bruton

Funding Relationship Manager

London

Funding

Commercial finance brokerage

Matthew Madden

IT Manager

Bury

IT

Steve Markey

Director

Bury

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Alex Cadwallader

Director - Head of South and Offshore

London

Exec Team, Restructuring and Insolvency

Cate Lord

HR Assistant

Bury

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Heather Deson

Team Support Administrator

Birmingham

Support

Lauren Fitton

Director

Bury

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Maxwell Shelton

Business Advisory Analyst

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Michelle Temiwoluwa

Graduate Solicitor Apprentice

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Leonard Curtis Legal

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Nick Jones

Associate

Manchester

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Andrew Knowles

Director

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Liam Griffin

Advisory Director

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Tom Benson

Administrator

Sheffield

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Sean Ward

Associate Director

Cardiff, Bristol

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Charlie Cooper

Manager

Bristol

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Ryan Holdsworth

Director

Sheffield, Rotherham

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Joph Young

Director

Worcester

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Ethan Sanders

Junior Administrator

Hampshire

Restructuring and Insolvency

Ben Bardsley

Assistant Manager

Bury

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Danielle Shore

Director

Sheffield, Rotherham

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Emma Hartley

Assistant Manager

Bury

Restructuring and Insolvency

Natasha Phillimore

Senior Administrator

London

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Katharine Downs

Finance Manager

Hampshire

Finance

Josh Bower

Structured Debt Manager

Manchester

Funding

Structured debt solutions

Simra Banaras

Junior Administrator

Gateshead

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Kirsty Swan

Associate Director

Birmingham

Restructuring and Insolvency

Cameron Harrison

Business Development Executive

Thames Valley, London

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Eleanor Doyle

Chartered Legal Executive

Manchester

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Sharon Tyson

Senior Manager - Cashier

Bury

Restructuring and Insolvency

Sarah Lovell

Head of Interim

Bury

Business Services

Virtualnonexecs

Monty Nash

Junior Administrator

Bristol

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Matthew Naylor

Administrator

Manchester

Restructuring and Insolvency

Beth Nelson

Administrator

Sheffield

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James Nixon

Business Development Executive

Leeds, Beverley, Huddersfield, York

Caitlin Baron

Marketing and Communications Executive

Manchester

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Nicola Carlton

Senior Administrator

Manchester

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Lucy Abbott-Giles

Senior Manager

Birmingham

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Wendy Harrison

Office Administrator

Bury

Support

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Joe Thompson

Assistant Manager

Manchester

Restructuring and Insolvency

Adam Dilworth

Trainee Data Analyst

Bury

IT

Hilary Pascoe

Director

Manchester

Restructuring and Insolvency

Khalid Suli

Senior Administrator

Bury

Restructuring and Insolvency

Paul Haworth

Head of Group Risk and Compliance

Bury

Compliance

Paul Birks

CFO

Bury

Finance, Exec Team

Mike Critchley

Non-Executive Director

Bury

Business Services

Virtualnonexecs

Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

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Ramez Wakileh

Digital Marketing Executive

Manchester

Marketing

Oliver Rose

Administrator

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Victoria Cleary

Administrator

Liverpool

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Mark Hickford

Director

London

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Mike Fortune

Director

Hampshire

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Glee Pigozzi

Executive Assistant

London

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Robert Dunleavy

Manager

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Andrew Gregory

Solicitor | Director - Chairman

Manchester

Leonard Curtis Legal

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Phil Morton

Director

Loughborough

Restructuring and Insolvency

Nazreena Kabeer

Business Development Manager

London

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Elliott Boot

Case Manager

Leeds

Funding

Newsource

Samantha Fishwick

Compliance Senior

Bury

Compliance

Joe Higgins

Junior Administrator

Gateshead

Restructuring and Insolvency

Samantha O'Hara

Senior Manager

London

Restructuring and Insolvency

Sam Kaye

Administrator

Birmingham

Restructuring and Insolvency

Paul Sharpe

Funding Relationship Manager

Liverpool

Funding

Commercial finance brokerage

Andrew Bayley

Director

Manchester

Restructuring and Insolvency

Jordan Sawicz

Administrator

Bury

Restructuring and Insolvency

Adam Hembrough

Head of Development

Bury

Business Services

Virtualnonexecs

Daniel Whitaker

Junior Administrator

Jersey

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Jermaine Corbin

Business Development Representative

London

Restructuring and Insolvency

Jackie Renehan

Supervisor

Isle of Man

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Mariam Asif

Administrator

Bury

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Megan Birks

Junior Administrator

Bury

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Joanne Tipper

Senior Business Development Manager

Chester

Nia Park

Administrator

Bury

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Darren Robinson

Head of Business Development

London

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Sarah Hewitt

Director - Funding Partnerships

Bury, Manchester

Funding

Commercial finance brokerage

Yasin Hussain

Administrator

Preston

Restructuring and Insolvency

Josh Green

Junior Administrator

London

Restructuring and Insolvency

Eve Johnson

Junior Administrator

Bury

Restructuring and Insolvency

Rachna Sood

Learning and Development Business Partner

Bury

HR

Nicola Brooks

Head of Client Relations (North)

Manchester

Lifecycle

Hannah Hills

Strategic Projects Business Partner

Bury

Finance

Rochelle Schofield

Director

Manchester

Restructuring and Insolvency

Stephen Jones

Business Development Manager

London

Restructuring and Insolvency

Paula Smith

Solicitor | Director - Head of Legal

Manchester

Exec Team, Leonard Curtis Legal

Corporate

James Parsonage

Senior Manager

Bury

Restructuring and Insolvency

Annelise Videira

Assistant Manager

Guernsey

Restructuring and Insolvency

Amy Mehers

Director - Head of Personal Insolvency

Bury

Exec Team, Restructuring and Insolvency

Personal insolvency

Charlotte John

Manager

London

Restructuring and Insolvency

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