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.

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

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Scenario 1 - The debt should have been paid already

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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.

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Scenario 2  - The debt is disputed

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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.

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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.

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

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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.

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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.

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

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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.

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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.

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The final option – do nothing

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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.

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To conclude

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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.  

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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.

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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

Nicola Carlton

Senior Administrator

Manchester

Restructuring and Insolvency

Joe Thompson

Assistant Manager

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Andrew Pitts

Director

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Restructuring and Insolvency

Russell Villanueva

Senior Administrator

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Davitt Lynch

Director

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Rebecca Angell

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London

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Debbie Batchelor

Accounts Receivable Coordinator

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Finance

Jon Shaw

Specialist Funding Relationship Manager

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Funding

Newsource

Amelia Smith

Administrator

Dorset, Hampshire

Restructuring and Insolvency

Marcus Cradden

Trainee Cashier

Bury

Restructuring and Insolvency

Alex Cadwallader

Director - Head of South and Offshore

London

Exec Team, Restructuring and Insolvency

Jade Roberts

Marketing and Events Executive

Manchester

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Debra Brodie

Compliance Office Support

Bury

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Sam Kaye

Administrator

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Alfie Yearsley

Graduate Data Analyst

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Jordan Sawicz

Administrator

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Dan Ormerod

Director

Bury

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Lauren Maloney

Funding Relationship Manager

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Adam Dilworth

Trainee Data Analyst

Bury

IT

Elaine Holland

Assistant Manager

Sheffield, Rotherham

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Mark Hickford

Director

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Beth Eagles

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Sarah Hewitt

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Learning and Development Business Partner

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Matt Jackson

Associate

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Amber Walker

Manager

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Gift Idehen

Junior Administrator

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Lewis Farrin-Berry

Junior Administrator

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Allan Murt

Associate

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Mariam Asif

Administrator

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Allison Whyborn

Compliance Assistant Manager

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Director

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Amy Mehers

Director - Head of Personal Insolvency

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Exec Team, Restructuring and Insolvency

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Sandie Williams

Client Director

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Donna Crompton

Director

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Chloe Hobson

Senior Administrator

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Natalie Rigby

Administrator

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Emma Smith

Operations Analyst

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Funding

Rochelle Schofield

Director

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Restructuring and Insolvency

Adiya Akylbekova

Head of Strategic Projects

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Finance

Ramez Wakileh

Digital Marketing Executive

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Alison Taylor

Business Advisory Lead

Birmingham

Funding

Business advisory

Ross Heald

Administrator

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Restructuring and Insolvency

Sharon Tyson

Senior Manager - Cashier

Bury

Restructuring and Insolvency

Andrew Lawrie

Associate Director

London

Restructuring and Insolvency

Catherine Ormerod

Assistant Manager

Bury

Restructuring and Insolvency

Nazreena Kabeer

Business Development Manager

London

Restructuring and Insolvency

Charlie Ottewill

Manager

Manchester

Restructuring and Insolvency

Rachel Roscoe

Administrator

Bury

Restructuring and Insolvency

Personal insolvency

Louise Nadine

Case Manager

Leeds

Funding

Newsource

Joph Young

Director

Worcester

Restructuring and Insolvency

Yamin Vahaluwala

Senior Data Analyst

Bury

IT

Nia Park

Administrator

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Arvin Charchi

Group Information Security Manager

Bury

IT

Ashley Petty

Manager

Jersey

Restructuring and Insolvency

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Wendy Harrison

Office Administrator

Bury

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Charlotte John

Manager

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Matthew Naylor

Administrator

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Anthony Milnes

Director

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Neil Hoad-Vrolijk

Senior Manager

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Richard Turvey

Director

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Chris Knott

Director

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Neil Wright

Memberships Manager | Consultant

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Virtualnonexecs

Daniel Szczerkowski

Administrator

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Michael Broadbent

Site Support Engineer

Bury

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Tom Young

Administrator

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Jonny Halford

Membership Manager

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Virtualnonexecs

Rachael Leyden

Associate Solicitor

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David Tovey

Manager

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Thomas Burton

Junior Administrator

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Restructuring and Insolvency

Sarah Lovell

Head of Interim

Bury

Business Services

Virtualnonexecs

Elliott Boot

Case Manager

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Funding

Newsource

Mike Critchley

Non-Executive Director

Bury

Business Services

Virtualnonexecs

Cameron Ford

Senior Administrator

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Restructuring and Insolvency

Alana Mills

Senior Business Development Manager

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Amelia Blythe

Assistant Manager

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Corporate insolvency

Joe Higgins

Junior Administrator

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Restructuring and Insolvency

Natasha Lee

Administrator

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Charlie Cooper

Manager

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Julie Hogan

Senior Support

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Paula Smith

Solicitor | Director - Head of Legal

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Exec Team, Leonard Curtis Legal

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Joe Douglas

Associate Director - Business Advisory

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Karen Cockcroft

Senior Team Support

Bury

Support

Mark Robinson

Funding Relationship Manager

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Daniel Whitaker

Junior Administrator

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Restructuring and Insolvency

Annelise Videira

Assistant Manager

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Restructuring and Insolvency

Jenny McInnes

HR and Payroll Assistant

Bury

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Mark Colman

Director

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Megan Birks

Junior Administrator

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Amber Hussain

Office Support

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Support

Hilary Pascoe

Director

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Samuel Wood

Senior Manager

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Restructuring and Insolvency

Stephen Beverley

Director

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Robert Dunleavy

Manager

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Restructuring and Insolvency

Sean Ward

Associate Director

Cardiff, Bristol

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Redvers Rowson

Administrator

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