What are the options following a winding up petition?

It is the moment that directors dread, a knock on the door and a winding up petition being handed over.  Does this have to mean the end of the company or are there still options available?  We often see directors who are at this stage, and whilst we would prefer to see them before when there are more options available, we can still help.

So what are the options if a director finds themselves in this situation?  This depends on the petition and the debt.

Scenario 1 - The debt should have been paid already

In the unlikely situation that the winding up petition has been received purely due to an oversight on payment this is the simplest to resolve.  By contacting the creditor an agreement can be reached whereby upon payment of the debt, together with any costs, the creditor will seek for the petition to be dismissed.  Provided that this is done straight away the petition will not be advertised and therefore may not be brought to the attention of other creditors.  It could however remain on the company’s credit record and therefore could affect credit so the key is to not get to this point.  Steps would need to be put in place with credit control to ensure that no such error occurs again.

Scenario 2  - The debt is disputed

If there is a genuine dispute then this needs to be brought to the attention of both the court and the creditor.  It is best to open up communication with the creditor particularly if they are unaware of the dispute.  Explaining why there is a dispute to try to reach a resolution.  If the matter is being discussed, and the creditor agrees, it is likely that the court will adjourn the petition for a short period of time whilst the dispute is resolved.

If the dispute has reached such a level that corresponding is no longer possible, then the matter can be brought to the attention of the court.  The dispute can be set out, together with details of how the undisputed element (if any) of the debt will be settled.  The court will consider both sides and either set the petition aside (i.e. strike it out) or adjourn the hearing whilst the matter is properly dealt with.  A winding up order could be made if it is considered that the dispute is not genuine and no firm proposal for payment has been made.

In this case communication at an early stage with the creditor is key to try to get the matter resolved and legal representation will be important.

Scenario 3 - The debt is not disputed but time is needed to pay it

Again communication is important here.  Contacting the creditor at an early stage is important before the petition is advertised to try to reach an agreement for the debt to be paid over time.  If the creditor is in agreement with this then they can request that the petition be dismissed provided that agreed payments are made.

If the creditor is not in agreement with the payment plan and no agreement can be reached then a request will need to be made to the court to adjourn the hearing for the petition whilst the payments are agreed.  If it is not possible and no other resolution can be made then again it will be for the judge to consider whether the payment plan is reasonable or whether the petition should be made.  The key will be to show that the payment plan is both sensible and sustainable again with legal representation.

Scenario 4 - The company cannot pay and delaying winding up is not in the interest of the creditors

If the petition has been received because the company simply cannot pay the debt and it is insolvent, then it may be that allowing the winding up order to be made is appropriate.  In some cases it may be that administration or voluntary liquidation is more appropriate.

Steps can be taken to place the company into administration or voluntary liquidation if it is time critical or if there will be a benefit from a voluntary process.  This is particularly key where there is an underlying business that could be saved.  With a potential delay of up to 12 weeks before a petition is heard any goodwill is likely to disappear.  A  prompt insolvency appointment may assist to enable a sale of the business or a sale of assets that are at risk from being dissipated.

The final option – do nothing

There is always the option to do nothing and simply let the company be wound up, before allowing this to happen it is worthwhile getting advice in case there are other options available which would result in a better outcome for all stakeholders.

To conclude

If you, or your client, finds themselves in this situation, irrespective of how late it has been left, get in touch with our team as we will do whatever we are able to in order to help.  

If you have any concerns that this situation could be on the horizon, it is always best to reach out to a professional advisor sooner rather than later, as there will be options to understand the best way forward. Contact us on 0330 0243 999 or www.leonardcurtis.co.uk/contact.

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

Catherine Ormerod

Assistant Manager

Bury

Restructuring and Insolvency

Ben Ainsworth

Junior Insolvency Administrator

Bury

Restructuring and Insolvency

Steven Woolnough

Senior Consultant

Manchester

Business Services

Advisory services - property & construction

Erin Dennehy

HR Business Partner

Bury

HR

Chloe Hobson

Senior Administrator

Hampshire

Restructuring and Insolvency

Deborah Hooton

Solicitor | Senior Associate

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

Azimunnisa Raj

Senior Administrator

Preston

Restructuring and Insolvency

Amelia Heeds

Administrator

Manchester

Restructuring and Insolvency

Jane Matthewman

Assistant Manager

Bury

Restructuring and Insolvency

Personal insolvency

Andrew Gregory

Solicitor | Director - Chairman

Manchester

Leonard Curtis Legal

Insolvency, Dispute resolution

Nicola Layland

Director

Hampshire, Dorset

Restructuring and Insolvency

James Langston

Administrator

London

Restructuring and Insolvency

Chris Duffill

Director of Advisory Services

Manchester

Business Services

Jackie Renehan

Supervisor

Isle of Man

Restructuring and Insolvency

Cate Lord

HR Assistant

Bury

HR

Sam Hackett

Administrator

Barlborough

Restructuring and Insolvency

Cameron Harrison

Business Development Executive

Thames Valley, London

Restructuring and Insolvency

Ellie Woodhouse

Director - Funding Operations

Manchester

Funding

Isabelle Messenger

Senior Administrator

Bury

Restructuring and Insolvency

Zak Travis

IT Support Engineer

Bury

IT

Oliver Cherry

Senior Manager - Advisory

London

Restructuring and Insolvency

Restructuring Advisory

Jas Mall

Specialist Funding Relationship Manager

Birmingham

Funding

Commercial finance brokerage

Bradley Jordan

Trainee Insolvency Administrator

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Offshore services

Mark Colman

Director

Preston

Restructuring and Insolvency

Robyn Snape

Senior Relationship Manager

Preston

Cameron Ford

Senior Administrator

Birmingham

Restructuring and Insolvency

Awaes Ali

Assistant Manager - Business Advisory

Manchester

Funding

Business advisory

Chris Rodger

Group Financial Controller

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Sarah Gray

Senior Relationship Manager

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Syed Islam

Management Accountant

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Ed Fenwick

M&A Manager

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Vicky Pitts

Director | Head of Compliance - Restructuring and Insolvency

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Elliott Boot

Case Manager

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Oliver Rose

Junior Administrator

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Becky Owen

Head of Funding

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Leonard Gerber

Director

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Jamie Maddox

Associate Director

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Restructuring and Insolvency

Anthony Bailey

Manager

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Steven Eyre

Manager

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Ross Heald

Administrator

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Mike Dinnell

Structured Debt Manager

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Richard Bruton

Funding Relationship Manager

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Amanda Harrison

HR Business Partner

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Amy Mehers

Director - Head of Personal Insolvency

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Exec Team, Restructuring and Insolvency

Personal insolvency

Laura Archbold

Business Manager | Consultant

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Business Services

Virtualnonexecs

Tom Benson

Administrator

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Caitlin Baron

Marketing and Communications Executive

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Mehul Parekh

Business Development Manager

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Sue Richardson

Associate Manager

Isle of Man

Restructuring and Insolvency

Joanne Tipper

Senior Business Development Manager

Chester

Alana Mills

Senior Business Development Manager

Barlborough, Loughborough

Nara Smithbrook

HR Business Partner

Bury

HR

Summer Hume

Junior Administrator

London

Restructuring and Insolvency

Sharon Tyson

Senior Manager - Cashier

Bury

Restructuring and Insolvency

Adam Hembrough

Head of Development

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Virtualnonexecs

Lorraine Webley

Office Support

Birmingham

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Paula Castle

Brand and Communications Director

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Marketing

David Tovey

Manager

Hampshire

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Sophie McDonough

Senior Manager

Bury

Restructuring and Insolvency

Allan Murt

Associate

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Khalid Suli

Senior Administrator

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Restructuring and Insolvency

Dan Ormerod

Director

Bury

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Marcus Cradden

Trainee Cashier

Bury

Restructuring and Insolvency

Toby Rolls

Head of M&A Advisory - Director

London

Sean Williams

Director - Head of Yorkshire and North East

Leeds

Exec Team, Restructuring and Insolvency

Ulysses Urban

Senior Administrator

London

Restructuring and Insolvency

Joshua White

Administrator

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Restructuring and Insolvency

Tom Booth

Administrator

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Restructuring and Insolvency

Phil Morton

Director

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Restructuring and Insolvency

Myles Thompson

Junior Administrator

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Restructuring and Insolvency

Aron Williams

Assistant Manager

London

Restructuring and Insolvency

Charlie Cooper

Manager

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Restructuring and Insolvency

James Hall

Associate Director - Head of Data

Bury

IT

Sophie Smith

Director

Guernsey

Restructuring and Insolvency

Offshore services

Mariam Asif

Administrator

Bury

Restructuring and Insolvency

Yasin Hussain

Administrator

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Restructuring and Insolvency

Annelise Videira

Assistant Manager

Guernsey

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Wendy Harrison

Office Administrator

Bury

Support

Yamin Vahaluwala

Senior Data Analyst

Bury

IT

Mala Patel

Manager

Manchester

Restructuring and Insolvency

Catherine Reynolds

HR Director

Bury

HR

Aidan Tucker

Director

Jersey, Isle of Man

Restructuring and Insolvency

Offshore services

Jade Roberts

Marketing and Events Executive

Manchester

Marketing

Charlotte John

Manager

London

Restructuring and Insolvency

Tyrone Egan

Office Support

Bury

Support

Josh Bower

Structured Debt Manager

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Funding

Structured debt solutions

Iain Nairn

Director

Gateshead

Restructuring and Insolvency

Ashley Petty

Manager

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Restructuring and Insolvency

Offshore services

Alison Britner

Group Operations Manager

Bury

Support

Robert Banbury

Business Development Manager

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Katy McAndrew

Director

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Michael Broadbent

Site Support Engineer

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IT

Toby Cooper

Manager

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Emma Hartley

Assistant Manager

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Aaron Blake

Head of Group Reporting

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Shamana Rani

Business Advisory Analyst

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Helen Hutchinson

Administrator

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Associate Director

Cardiff, Bristol

Restructuring and Insolvency

Nicola Harcombe

Assistant Manager

Bristol

Restructuring and Insolvency

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Head of Sales

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