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

Liz Welch

Director

Birmingham

Restructuring and Insolvency

Chris Cunnane

Relationship Manager

Manchester

Restructuring and Insolvency

Ramez Wakileh

Digital Marketing Executive

Manchester

Marketing

Jade Roberts

Marketing and Events Executive

Manchester

Marketing

Rochelle Schofield

Director

Manchester

Restructuring and Insolvency

Zak Travis

IT Support Engineer

Bury

IT

Jake Lee

Administrator

Sheffield, Rotherham

Restructuring and Insolvency

Iain Nairn

Director

Gateshead

Restructuring and Insolvency

Eleanor Carmichael

Events Manager

Manchester

Marketing

Yamin Vahaluwala

Senior Data Analyst

Bury

IT

Ben Ainsworth

Junior Insolvency Administrator

Bury

Restructuring and Insolvency

Jennifer Moore

Solicitor | Director - Head of Corporate and Commercial

Manchester

Leonard Curtis Legal

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Mark Robinson

Business Development Manager

Manchester

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Lauren Fitton

Associate Director

Bury

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Dan Bell

Head of Broker Relations

Harrogate - Newsource Commercial Finance

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Newsource Commercial Finance

Rebecca Angell

Marketing Executive

London

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Chris Knott

Director

Stoke

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Catherine Greathead

Senior Administrator

Preston

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James Parsonage

Manager

Bury

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Samuel Wood

Senior Manager

London

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Myles Thompson

Junior Administrator

Bury

Restructuring and Insolvency

Sam Kaye

Junior Administrator

Birmingham

Restructuring and Insolvency

Sarah Gray

Business Development Manager

Gateshead

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Aron Williams

Assistant Manager

London

Restructuring and Insolvency

Lauren Maloney

Business Development Manager

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Funding

Shamana Rani

Business Advisory Analyst

Manchester

Funding

Business advisory

Heather Deson

Team Support Administrator

Birmingham

Support

Helen Hutchinson

Administrator

Liverpool

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Nicola Brooks

Head of Client Relations (North)

Manchester

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Helen Hales

Administrator

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Michael Wain

Head of Memberships | Consultant

Bury

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Henry Dickinson

Administrator

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Beth Taylor

Office Support

Bury

Support

Danny Bulloch

Business Development

Glasgow

Funding

Commercial finance brokerage

Andrew Poxon

Director – Head of North and Scotland

Bury, Manchester

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Olivia White

Administrator

Manchester

Restructuring and Insolvency

Sue Richardson

Associate Manager

Isle of Man

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Zahidur Miah

Senior Administrator

Manchester

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Amy Lockwood

Office Manager

Sheffield, Rotherham

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Peter Vinden

Director | Consultant

Manchester

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Christine Bailey

Office Support

Preston

Support

Marc Palmer

Manager

London

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Angie James

Cashier

Hampshire

Restructuring and Insolvency

Carl Faulds

Group Head of Restructuring and Insolvency Operations

Hampshire

Restructuring and Insolvency

Nicola Harcombe

Assistant Manager

Bristol

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David Manning

Manager

Hampshire

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Richard Pinder

Director

Barlborough

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Dave Nash

Office Administrator and Systems Support

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Diane Shovelton

Compliance Director

Bury

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Jordan Sawicz

Administrator

Bury

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Beth Eagles

Design and Digital Marketing Executive

Manchester

Marketing

Allison Whyborn

Compliance Senior

Bury

Compliance

Amy Mehers

Director - Head of Personal Insolvency

Bury

Exec Team, Restructuring and Insolvency

Personal insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

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Vicky Pitts

Director

Bury

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Darren Grimshaw

Associate Director

Bury

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John Crolla

Senior Manager

Bury

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Rachael Bentley

Solicitor | Director

Manchester

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Karen Assiak

Senior Consultant

Manchester

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Marcus Cradden

Trainee Cashier

Bury

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Harry Ball

Solicitor

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Phil Trueman

Specialist Business Development Manager

Beverley, Leeds, York

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Andrew Lawrie

Associate Director

London

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Sophie McDonough

Senior Manager

Bury

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Nicola Layland

Director

Hampshire, Dorset

Restructuring and Insolvency

Neil Bennett

Director

London

Restructuring and Insolvency

Katharine Downs

Finance Manager

Hampshire

Finance

Charlotte Thompson

Administrator

Bristol

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Lucy Abbott

Senior Manager

Birmingham

Restructuring and Insolvency

Francesca Mutton

Team Support Administrator

London

Support

Natasha Lee

Administrator

Manchester

Restructuring and Insolvency

Nick Myers

Director

London

Restructuring and Insolvency

Krish Singh

Learning and Development Manager

Bury

HR

Awaes Ali

Business Advisory Analyst

Manchester

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Business advisory

Donna Crompton

Director

Liverpool, Chester

Restructuring and Insolvency

Amber Walker

Manager

London

Restructuring and Insolvency

Karen Cockcroft

Senior Team Support

Bury

Support

Sally Adjemian

Payroll Manager

London

HR

Gus Fiennes

Junior Administrator

London

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Laurence Ollerton

Assistant Manager

Bury

Restructuring and Insolvency

Paula Smith

Solicitor | Director - Head of Legal

Manchester

Exec Team, Leonard Curtis Legal

Company & commercial

Ryan Butler

Assistant Manager

Gateshead

Restructuring and Insolvency

Sarah MacInnes

Optimise Client Manager

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Debra Brodie

Compliance Office Support

Bury

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Anthony Bailey

Manager

Liverpool

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Adiya Akylbekova

Operations and Finance Business Partner

Bury

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Beth Nelson

Administrator

Sheffield

Restructuring and Insolvency

Toby Cooper

Manager

London

Restructuring and Insolvency

Sidhra Qadoos

Assistant Manager

Manchester

Restructuring and Insolvency

Tanaka Makawa

Business Development Manager

London

Lifecycle

Edward Sparks

Administrator

Sheffield

Restructuring and Insolvency

Catherine Ormerod

Supervisor

Bury

Restructuring and Insolvency

Toby Gibbons

Assistant Manager

London

Restructuring and Insolvency

Bradley Jordan

Trainee Insolvency Administrator

Guernsey

Restructuring and Insolvency

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Khalid Suli

Senior Administrator

Bury

Restructuring and Insolvency

Kristie Bowden

Trainee Cashier

Bury

Restructuring and Insolvency

Richard Turvey

Director

Manchester

Business Services

Richard Miller

Associate Director - Head of Funder Relationships

Manchester

Funding

Business advisory

Syed Islam

Accounts Supervisor

Bury

Finance

Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

Insolvency

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