What are the options following a winding up petition?

Recent data indicates a marked increase in filed winding up petitions from all categories of creditors, with HM Revenue & Customs issuing in excess of 70% of those filed.

A winding up petition does not mean the end of the company and there are options available to the directors and charge holders.  

So what are the options if your client 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.  The one caveat however is the petition could be on the company’s credit record and therefore might 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 in order 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.

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.

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 quick insolvency appointment may assist to enable a sale of the business or a sale of assets that are at risk from being dissipated.  As a qualifying charge holder a funder under their powers will also have the option to appoint an administrator should they wish to do so.

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.

It is worth noting that although the winding up petition may not have been advertised and whilst the debt remains outstanding credit agencies could pick it up therefore making the position public knowledge.

To conclude

If 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 0207 535 7000 or www.leonardcurtis.co.uk/contact.

Meet the team

View full team

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Eleanor Carmichael

Events Manager

Manchester

Marketing

Jonathan Roberts

Solicitor | Director

London

Leonard Curtis Legal

Corporate

Mark Colman

Director

Preston

Restructuring and Insolvency

Joseph Carter

Senior Administrator

London

Restructuring and Insolvency

Alison McLauchlan

Manager

Liverpool

Restructuring and Insolvency

Ashley Petty

Manager

Jersey

Restructuring and Insolvency

Offshore services

Nicola Harcombe

Assistant Manager

Bristol

Restructuring and Insolvency

Jade Roberts

Marketing and Events Executive

Manchester

Marketing

James Nixon

Business Development Executive

Leeds, Beverley, Huddersfield, York

Emma Smith

Operations Analyst

Manchester

Funding

Samuel Wood

Senior Manager

London

Restructuring and Insolvency

Joshua White

Administrator

Bury

Restructuring and Insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate

Jas Mall

Specialist Funding Relationship Manager

Birmingham

Funding

Commercial finance brokerage

Tom Benson

Administrator

Sheffield

Restructuring and Insolvency

Neil Bennett

Director

London

Restructuring and Insolvency

Emma Hartley

Assistant Manager

Bury

Restructuring and Insolvency

Eleanor Doyle

Legal Executive

Manchester

Restructuring and Insolvency

Adam Dilworth

Trainee Data Analyst

Bury

IT

Nick Myers

Director

London

Restructuring and Insolvency

Mariam Asif

Administrator

Bury

Restructuring and Insolvency

Bill Bordill

Director

Manchester

Business Services

Advisory services - property & construction

Sally Adjemian

Payroll Manager

London

HR

Lucy Abbott-Giles

Senior Manager

Birmingham

Restructuring and Insolvency

Russell Villanueva

Senior Administrator

Bury

Restructuring and Insolvency

Shannon Jones

Assistant Manager

Sheffield, Rotherham

Restructuring and Insolvency

Rachael Johns

Manager

Bury

Compliance

Amelia Ladbrook

Director - Head of Marketing

Manchester

Marketing

James Hall

Associate Director - Head of Data

Bury

IT

Rachael Bentley

Director | Solicitor

Manchester

Restructuring and Insolvency

Joshua Young

Apprentice Business Advisory

Manchester

Funding

Business advisory

Dane O'Hara

Director - Head of Restructuring Advisory

Thames Valley, London

Restructuring and Insolvency

Restructuring Advisory, Corporate Insolvency

Nara Smithbrook

HR Business Partner

Bury

HR

Glee Pigozzi

Executive Assistant

London

Restructuring and Insolvency

Iain Nairn

Director

Gateshead

Restructuring and Insolvency

Aslam Mulla

Manager

Bury

Restructuring and Insolvency

Aaron Blake

Head of Group Reporting

Bury

Finance

Robert Banbury

Business Development Manager

Bristol, Taunton

Katharine Downs

Finance Manager

Hampshire

Finance

Nicola Layland

Director

Hampshire, Dorset

Restructuring and Insolvency

Jane Carey

Associate Director

Bury

Compliance

Danielle Shore

Director

Sheffield, Rotherham

Restructuring and Insolvency

Joe Higgins

Junior Administrator

Gateshead

Restructuring and Insolvency

Rik Heap

Director

Bury

Restructuring and Insolvency

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Josh Green

Junior Administrator

London

Restructuring and Insolvency

Charlie Cooper

Manager

Bristol

Restructuring and Insolvency

Sam Wakeman

Junior Administrator

London

Restructuring and Insolvency

James Parsonage

Senior Manager

Bury

Restructuring and Insolvency

Amelia Smith

Administrator

Dorset, Hampshire

Restructuring and Insolvency

Jamie Maddox

Associate Director

Manchester

Restructuring and Insolvency

Catherine Ormerod

Assistant Manager

Bury

Restructuring and Insolvency

Alana Mills

Senior Business Development Manager

Barlborough, Loughborough

Karen Cockcroft

Senior Team Support

Bury

Support

Sharon Tyson

Senior Manager - Cashier

Bury

Restructuring and Insolvency

Bethany Murgatroyd

Junior Administrator

Leeds

Restructuring and Insolvency

Marcus Cradden

Trainee Cashier

Bury

Restructuring and Insolvency

Grace Cabangal

Assistant Accountant

Bury

Finance

Sarah Harnett

Administrator

Hampshire

Restructuring and Insolvency

Andrew Bayley

Director

Manchester

Restructuring and Insolvency

Joph Young

Director

Worcester

Restructuring and Insolvency

Joanne Stubbs

Account Manager

Bury

Business Services

Virtualnonexecs

Ross Heald

Administrator

Bury

Restructuring and Insolvency

Katy McAndrew

Director

Manchester

Restructuring and Insolvency

Ethan Sanders

Junior Administrator

Hampshire

Restructuring and Insolvency

Caitlin Baron

Marketing and Communications Executive

Manchester

Marketing

Hasan Patel

Manager

Bury

Restructuring and Insolvency

Charlie Ottewill

Manager

Manchester

Restructuring and Insolvency

Jon Shaw

Specialist Funding Relationship Manager

Leeds

Funding

Newsource

Dan Bell

Head of Broker Relations

Leeds

Funding

Newsource Commercial Finance

Jordan Ayitey

Administrator

Hampshire

Restructuring and Insolvency

Calvino Elliott

Head of Sales

Bury

Business Services

Virtualnonexecs

Ulysses Urban

Senior Administrator

London

Restructuring and Insolvency

Awaes Ali

Assistant Manager - Business Advisory

Manchester

Funding

Business advisory

Laurence Ollerton

Assistant Manager

Bury

Restructuring and Insolvency

Ben Powell

Business Advisory Analyst

Manchester

Funding

Business advisory

Amy Nelson

Manager

Leeds, York

Restructuring and Insolvency

Ed Brown

Funding Relationship Manager

Birmingham

Funding

Amber Holt

Finance Support Administrator

Guernsey

Finance

Offshore services

Samantha Fishwick

Compliance Senior

Bury

Compliance

Dan Booth

CEO

Manchester

Exec Team

Raul Mer

Administrator

London

Restructuring and Insolvency

Cate Lord

HR Assistant

Bury

HR

Liz Welch

Director

Birmingham

Restructuring and Insolvency

Amanda Cavanagh

Executive Assistant

Bury

Support

Gary Cain

Head of Business Services

Manchester

Exec Team, Business Services

Josh Bower

Structured Debt Manager

Manchester

Funding

Structured debt solutions

Eve Johnson

Junior Administrator

Bury

Restructuring and Insolvency

Mike Dillon

Director

Manchester

Restructuring and Insolvency

Helen Hutchinson

Administrator

Liverpool

Restructuring and Insolvency

Victoria Cleary

Administrator

Liverpool

Restructuring and Insolvency

Sherrelle Scott

Solicitor | Director

Manchester

Leonard Curtis Legal

Corporate

Sarah Gray

Senior Relationship Manager

Gateshead

Laura Ashton

Talent Acquisition Partner

Bury

HR

Julie Hogan

Senior Support

Bury

Support

Helen Hales

Senior Administrator

Manchester

Restructuring and Insolvency

Andrew Poxon

Director – Head of North and Scotland

Bury, Manchester

Exec Team, Restructuring and Insolvency

Rebecca Angell

Senior Marketing Executive

London

Marketing

Marc Palmer

Manager

London

Restructuring and Insolvency

Katie Carroll

Assistant Manager - Cashier

Bury

Restructuring and Insolvency

News and insights

Read More

Leonard Curtis launches new Property and Construction Quarterly Outlook

Restructuring and Insolvency | Funding | Business Services

21
August
2026

Haulage sector: navigating challenges and opportunities

Restructuring and Insolvency

14
August
2026

What are the signs of financial distress?

Restructuring and Insolvency

4
August
2026

The Changing Face of the Legal Sector

Restructuring and Insolvency | Legal

4
August
2026

Leonard Curtis appoints first Director of Data

Restructuring and Insolvency

28
July
2026

Seeking advice - a strength not a white flag

Restructuring and Insolvency

8
June
2026

Successful sale of Scottish sheet metal business

Restructuring and Insolvency

2
June
2026

Purchaser secured for world class aerospace company

Restructuring and Insolvency

27
May
2026

Staff kept on in Huddersfield based securities business

Restructuring and Insolvency

21
May
2026

Birmingham restaurant supported through liquidation

Restructuring and Insolvency

27
February
2026

Leonard Curtis appointed to TLM Laser Ltd

Restructuring and Insolvency

5
May
2026

What sole traders need to know when becoming Ltd

Restructuring and Insolvency

23
March
2026

150 jobs saved in sale of Johnson 1871 Limited

Restructuring and Insolvency

30
January
2026

Sale of Doncaster care home protects jobs and services

Restructuring and Insolvency

11
March
2026

HMRC arrears: Reflection and what's to come

Funding

5
March
2026
Debt Advisory

£1.525m funding deal secured for fast-growing industrial bakery

Commercial Finance

5
March
2026
Commercial Finance

Prem Rugby franchise plans backed amid rising club losses

Restructuring and Insolvency

2
March
2026

All jobs saved in sale of West Midlands scrap metal business

Restructuring and Insolvency

27
February
2026

Case study: Securing invoice finance to prevent HMRC winding up action

Funding | Commercial Finance

26
February
2026
Commercial Finance

Are your clients protected against shareholder disputes?

Legal | Dispute Resolution

24
February
2026
Dispute Resolution

Leonard Curtis appointed to Slaters Country Inn

Restructuring and Insolvency

24
February
2026

Make your New Year resolution a strategy for business success

Restructuring and Insolvency

17
February
2026

Corporate team promotion for Leonard Curtis Legal

Legal

19
February
2026
Corporate & Commercial

Get in touch to find out more




Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.