Can business debt make you lose your home?

If your business has taken a downturn and you’re struggling to repay your liabilities, you may worry you could lose your home to business debt. However, business debt, its effects on your personal finances and whether you could lose your home will depend on several factors.

Are you a sole trader or in a limited company?

Who shoulders responsibility for repaying a business’ debts depends on how your business legally operates.

Limited companies offer limited liability protection, shielding the owners from personal liability. While this protection encompasses most circumstances, there are exceptions to the rule. These exceptions often revolve around personally guaranteed loans, or the failure to fulfil your responsibilities as a director.

Sole traders don’t qualify for limited liability, as in the eyes of the law, they and their businesses are one and the same.

If you have a limited company, are there any personal guarantees?

If you have taken out a personal guarantee for the company (to a bank, landlord, supplier, etc.), it bypasses the company’s limited liability. Consequently, you are held personally liable for that portion of the debt if the company fails to meet its financial obligations.

If you are unable to pay the guarantee or agree to a repayment programme, it could result in bankruptcy, and potentially the loss of your home.

Has the company engaged in wrongful trading?

If the company becomes insolvent, and as director, you allow it to continue trading, worsening your creditors’ position, you risk accusations of wrongful trading. Doing so would also remove the limited liability protection, and you may be held accountable for the debts accumulated during the insolvent period.

Should this happen, an appointed Insolvency Practitioner may pursue you personally, and if there is equity in your home, this may need to be realised either by way of a sale or remortgage.

How to relieve debt in a limited company

A limited company is a separate legal entity to its directors and shareholders. This separation includes the business’ finances from your personal finances. Consequently, the most you can lose is the amount you have invested in the company. The same applies to a Limited Liability Partnership (LLP), which operates like a traditional partnership, but with added limited liability protection.

Company Voluntary Arrangements (CVA)

A Company Voluntary Arrangement (CVA) is a formal repayment arrangement for insolvent companies. They use income and expenditure figures, and business projections to compound all unsecured creditor debt into one affordable monthly sum. The amount is repaid over around five years. It allows the business to continue trading with a view of returning to profit. Our insolvency practitioners have a wealth of experience in collating and proposing CVAs, giving you the optimum chance of getting a plan approved by creditors.

Time to Pay Arrangements

Time to Pay Arrangements (TTPs) are ideal for those with debts to HMRC due to short-term financial issues. These arrangements generally last 6 or 12 months, allowing the company to gradually repay tax arrears, easing cash flow pressures.

Contact us today for more info on TTPs, and to assess whether one is right for your business.

Refinancing

Refinancing can offer an injection of cash; perhaps to finance growth or cover a cash flow shortage caused by a bad debt. We can advise you on the right commercial financing, whether that is debtor finance such as factoring, a commercial mortgage or refinancing assets, or a combination of facilities.

We can help find you the right finance agreement from the right lender with the best rates, completely free of charge.

Liquidation

Occasionally, repayment plans and refinancing just aren’t workable options for a company, and the only way forward is to liquidate.

Should this happen, and you, as director, have personally guaranteed a loan, a liquidation means that business debt doesn’t end with the company. Instead, it falls to you to repay the debt.

How can sole traders avoid personal liability?

If you’re a self-employed sole trader, the law considers you and your business the same entity. Consequently, your personal debt and business debt are considered one and the same. Because your business is not a separate entity, you remain responsible for all debt incurred – both personal and business-related.

Failing to repay your sole trader business or personal debt may prompt your creditors to push you into bankruptcy, and you could lose your home or have to seek a way to refinance the property to release any equity.

In a traditional partnership, all partners are jointly liable for the partnership’s debts. If the partnership business runs into financial difficulty, it could result in bankruptcy.

Individual Voluntary Arrangement (IVA)

An Individual Voluntary Arrangement (IVA) is similar to a CVA, designed for individuals and sole traders. They allow an individual to compound their debt into one affordable monthly sum to repay creditors. They generally last five years and can be a viable alternative to bankruptcy, often protecting an individual’s home, depending on its equity.

Bankruptcy

In some cases, if you are called upon to repay a sizable debt and have limited or no income, the only option available may be bankruptcy.

Most people consider bankruptcy a last resort and assume it automatically means you will lose your home, but this isn’t always the case. For example, where there is little or no equity in the property, there may be a chance of retaining it.

In summary

If your business runs into debt, there is a chance of losing your home. Operating as a sole trader or part of a partnership means that you don’t have limited liability. This means there is no difference between personal and business debt. If you operate as a limited company, you have the protection of limited liability, which means any personal assets cannot be claimed if the company goes into liquidation. If you have limited liability protection, the only way personal assets could be seized is if any personal guarantees have been signed, or if you’re found guilty of wrongful trading.

How we can help

If your business is experiencing financial problems and you’re unsure whether you’re personally liable, it’s important to take advice as early as possible. Depending on the company’s circumstances, we can offer several solutions. These can help your company survive and potentially avoid any personal liabilities. We can offer impartial advice, help you find the best possible solution for your business and offer a free consultation with no obligation.

Case Studies

Designer Recliners Limited

Kelly Burton • Manufacturing • Administration, Company Voluntary Arrangement (CVA)

A Sheffield furniture manufacturer and upholster has relaunched offering a smaller, more specialised range of products.

Anico Interiors Limited, which included reclining chairs for the elderly, had suffered cash flow problems and issues with profitability.

Designer Recliners Limited, managed by director Nick Wall, has purchased the assets and business of Anico saving all 11 jobs.

Andy Wood and Robert Dymond from Sheffield business turnaround experts Wilson Field were appointed joint liquidators on 8 June and advised on the sale of the 14-year-old company, based on Orgreave Crescent at Orgreave Industrial Estate, as a going concern.

Andy Wood, associate director and insolvency practitioner at Wilson Field said:

“Historically, the company offered a wide range of products but has now streamlined its offer to customers and cut out some unprofitable lines, as well as re-vamped its web site.

“Directors took advice from Wilson Field with the business sold to new company Designer Recliners Limited as a going concern, safeguarding all 11 employees’ jobs. The new company will offer the same service and standards under the same management team but focus on a smaller range of specialised products.”

The company employs skilled staff including upholsterers, seamstresses and cutters and was set up in 2002 by Nick Wall.

Statestrong Limited

Kelly Burton • Manufacturing • Administration, Creditors Voluntary Liquidation (CVL)

Insolvency experts Wilson Field has helped turnaround the fortunes of a loss-making manufacturing company in Lancashire providing a new future for its 80 employees.

Businessman Russell Blaikie acquired the struggling 40-year-old Statestrong Limited, headquartered in Lytham St Annes, through a pre-pack sale and has been able to help the company immediately utilising his expertise in manufacturing and management.

Arrangements for the purchase of Statestrong’s business and assets were negotiated by Sheffield business specialists Wilson Field who affected the sale shortly after being appointed.

The company, which manufactures and supplies aerosol and liquid products for use in health and beauty, household, automotive and industry globally, posted sales of £12m last financial year, but had suffered pressure from creditors with outstanding arrears.
The total value of the deal is undisclosed but includes the business and the assets of the company based on Boundary Road in Lytham St Annes and Tarporley in Cheshire, which will now trade as Statestrong Products Limited.

Mr Blaikie said:

“Transactions of this nature are sensitive and require careful handling. The team at Wilson Field provided exactly the right professional approach.”

Wilson Field’s insolvency practitioners Kelly Burton and Joanne Wright worked closely with Mr Blaikie along with senior corporate case administrator Gareth Kinneavy.

Kelly Burton, said:

“The company had a wealth of expertise but was straddled with financial liabilities which ultimately made its future questionable. Looking forward, a previously distressed business now has a viable future.”

Silcox Coach Company

Kelly Burton • Automotive • Company Voluntary Arrangement (CVA)

Pembrokeshire-based Silcox Coach Company, which operates school transport as well as local bus services, has been placed into administration today.

Despite attempts by administrators from Sheffield-based Wilson Field to secure a buyer with various interested parties, the 134-year-old company, which operated a fleet of 65 coaches and buses from its base in Pembroke Dock, has now ceased trading.

Insolvency practitioners Kelly Burton and Joanne Wright from Wilson Field Limited were appointed by shareholders after the company experienced financial difficulties and as a result all 92 staff jobs have been made redundant.

However, in the region of 50 staff have been re-employed by Edwards Coaches of Pontypridd who have been granted the local authority contracts previously operated by Silcox.

Kelly Burton, director and insolvency practitioner at Wilson Field said:

“Silcox Coaches was a fourth generation bus and coach operator and over the years provided various forms of transport services latterly focussing local authority community bus routes, school services, coach hire and coaching holidays.

“The company had an excellent reputation within the industry, the local community and its clients. Initially there were a number of parties interested in buying the business and assets and we had hoped to save all the jobs of the loyal workforce. Sadly, despite our best efforts none of these came to fruition. On the positive side, Edwards Coaches of Pontypridd have re-employed approximately 50 of those staff.”

As well as office accommodation in Pembroke Dock, Silcox also occupied a small travel office in Tenby and  a large bus and coach compound near the offices in Pembroke Dock.

Edwards Coaches is the largest family owned coach company in Wales employing over 500 staff and operating 260 vehicles. It currently operates National Express coaches from Haverfordwest departing daily to Cardiff, Heathrow, Gatwick London and various other destinations plus transportation for over 8000 students to school or college each day from bus depots all over South Wales.

It also operates coach holidays for 80,000 passengers a year across the UK and Europe and operates The Edwards’ Red Dragon coach which is the official carrier of the Wales Rugby Team.

Travellers who have booked and pre-paid for a holiday with Silcox may be entitled to a refund and should contact either Bonded Coach Holidays (BCH) e-mail: bch@cpt-uk.org or The Confederation of Passenger Holidays UK (CPT) Tel: 020 7240 3131.

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