Could you write off company debt through a recovery arrangement or closure process?

We can look at ways of having company debt written off through company recovery or company closure, helping you move on or start again.

These processes can help companies…

  • Suffering from creditor pressure
  • Experiencing cash flow difficulties
  • Struggling with overhead costs like leases and employees
  • Receiving threatening letters from HMRC

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    "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

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    "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

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    "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

    Write off company debt and start again

    If you find your company suffering from cash-flow issues and is in debt, it is possible to write off those company debts and start again. Whether doing so involves repaying the company’s debts, restructuring the company, or closing it, what action is available depends on the level of company debt and whether it would be viable without those debts.

    Can you write off a company’s debts?

    Depending on your company’s circumstances and your vision for its future, you may be able to write off your company’s debts. There could be several options to consider, including a voluntary repayment arrangement, voluntary liquidation, or pre-pack administration.

    If you want to close a company and walk away or continue the business in a new limited company, contact us without delay. The sooner you act, the better your chances of preventing the insolvency from escalating and diminishing your chances of being held personally liable for your company’s debts.

    Company recovery options

    If your company has a valid business model which could profit without its debts, it may be possible to keep the company open while it repays its liabilities, and several procedures allow you to write off your company’s debts without having to close.

    More about company recovery options

    • Continuing to trade with a voluntary repayment arrangement
      Before deciding that closing your company and starting again is the best route, you should consider whether the company would be viable without its debts. If that’s the case, you could consider trading through and repaying the debts in one affordable monthly sum via a Company Voluntary Arrangement (CVA).
      • CVAs are voluntary repayment arrangements and generally last for about five years. They can conclude beforehand if the debts are fully repaid, giving a return to creditors and allowing the company to stabilise back to a profit.
      • Providing the company adheres to the terms of the CVA, at the end of the term, any remaining debt is written off.
      • You retain total control of running the business without the interference of outside parties while you write off your company’s debts.
    More information about Company Voluntary Arrangements
    You can write off your company debts and start again

    Closing or restarting the company

    Sometimes, a company can have so much debt that the benefits of closing it down and starting again can outweigh those of continuing to trade. There are procedures to help you close your company, and again, your circumstances will dictate which one is best suited for you.

    Read more about company closure options

    • Closing through a voluntary liquidation
      Liquidating your company via a Creditors Voluntary Liquidation (CVL) could be the best option for those wanting to walk away. Any assets your company owns are realised and used to repay its creditors. The company then closes, ceasing to exist, along with its debts. Afterwards, the former directors are free to start a business in something completely different or find employment elsewhere.
      More information on Creditors Voluntary Liquidation

    Trade through a new company or repurchase the assets and start again

    Depending on your circumstances, it may be possible to repurchase the insolvent company’s assets at market value and continue the business in a new limited company.

    This can be achieved through a ‘pre-pack administration’ process.

    • Your company’s assets are sold at market value, usually by an administrator, either back to you and the existing management team or to an unrelated party.
    • A ‘newco’ carries on the business while the ‘oldco’ ceases to exist, its old debts dying with it.

    In some cases, this can be achieved without the company going through the administration process, through what’s informally referred to as ‘pre-pack liquidation’.

    Any assets transferred to a new company must be done so at their market value.

    Before exploring this option, it is important to consider the difference between a business and a company.

    • A business is an activity undertaken by a company – services and products which bring in revenue.
    • A company is a legal entity or vehicle through which the business operates.

    After a liquidation, there is no reason why a business cannot go on if its model is viable, but it must trade under a new name and cannot be similar to its predecessor. Only in unique circumstances can a company reuse the same name as the ‘oldco’.

    The rules surrounding pre-pack administration, particularly the reuse of company name, can be complicated. Speak to our advice team for further information and advice regarding this or any other insolvency process.

    Can company debt affect your personal finances?

    Thanks to a limited company’s limited liability protection, the company is a separate legal entity to you personally. This protects you from personally incurring financial burdens as a result of your company’s insolvency.

    However, company debt may affect a director’s personal finances in other ways. This could be because you’ve injected money into the company from your personal accounts to keep the company going. Or, more simply, your primary source of income has been your failing business, which has left you short of money and unable to pay your own personal liabilities.

    If you continue trading while the company is insolvent, you could put the creditors in a worse situation. This type of mismanagement is known as “wrongful trading” and could make you personally liable for not taking action. If you’re concerned about wrongful trading’s implications, or if you’re unsure whether you’ve unknowingly committed it, speak to us as soon as possible.

    Additionally, you may have signed a personal guarantee to help the company – for example, a guarantee to a bank in support of company borrowing or a landlord relating to a company lease.

    If you have signed personal guarantees for your company, you may still be called upon to meet those liabilities.

    How we can help

    We can assess your situation and advise you on the best route forward, free of charge. If you want to close a company and walk away, or move assets from a current company into a new limited entity, contact us without delay. The sooner you act, the better your chances to prevent your insolvency from escalating, reducing the chances of you being held personally liable for your company debts.

    1. Speak with our initial advisers via phone or online chat. If we can help, we will arrange a free consultation with one of our consultants to discuss your situation in more depth.
    2. During the consultation, we will advise which route out of administration is most appropriate, or if there are alternative options available.
    3. After your consultation, if there is an appropriate route forward, we will issue the relevant documentation for you to formally engage us.

    In summary

    You can write off company debt and start again through one of several procedures. Each situation is unique, so it is essential to take advice before you reach a decision. It may be possible to write off your company’s debts and allow trading to continue, but it could be more appropriate to close the company down and start again in a new company unburdened by the debts of the old company.

    Case Studies

    Authored by Kelly Burton

    Precision Engineering Business

    Kelly Burton • Construction & Engineering • Administration

    A bespoke precision engineering business, working predominantly in the automotive and aeronautical sectors, found itself experiencing cashflow difficulties caused by an increase in costs due to the uncertainties surrounding Brexit, and the loss of a key member of the sales team.

    When the company’s largest customer reduced its spending by 50%, the director felt the business couldn’t continue and sought advice from the team at Wilson Field.

    Wilson Field marketed the business and assets for sale, and a sale of the tangible assets was completed immediately following the administrators appointment, to an unconnected third party.

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

    “With so many complications surrounding Brexit, coupled with the loss of some key staff, the company experienced some cashflow difficulties it could not get out of.

    There was a positive outcome in the end as some of the tangible assets within the company were sold, which meant a good return for creditors.”

    Authored by Kelly Burton

    Karmik Limited

    Kelly Burton • Manufacturing • Pre-Pack Administration

    A well-known Bradford designer and manufacturer of bespoke kitchens for commercial and residential customers have been bought out of administration saving all 36 jobs.

    Karmik Limited, trading as Designer Factory Kitchens, has been acquired by Karmik UK and will be operated by the existing management team.

    Joint administrators Kelly Burton and Lisa Hogg of insolvency and business turnaround specialist Wilson Field were appointed to Karmik on 13 March.

    The company, which was incorporated in 2013, had suffered two bad debts in 2016 totaling almost £100k causing severe cash flow problems and HMRC arrears.

    The total value of the pre-pack deal is undisclosed but it includes the business and the assets of the company based at Fairfax House in Drighlington.

    Kelly Burton - Director & Licensed Insolvency Practitioner

    Kelly Burton, director and insolvency practitioner at Wilson Field in Leeds, said;

    “DFK celebrated its 25th anniversary recently but as a result of suffering two significant bad debts found itself facing a cash flow crisis.

    “After attempting without success to raise further finance, the directors sought advice and as a result of taking prompt action we have been able to save the DFK brand and all 36 employees’ jobs. As the jobs were transferred to Karmik UK, this alone saved over £44,000 in redundancy and wages claims.”

    Managing director Mike Baziw commented;

    “It is very frustrating when events which are outside of your control threaten the very existence of your business and the jobs of a loyal workforce.

    “Working with our advisors and staff, the future of DFK now looks very positive and we are in a position to offer our customers the same high quality of products and service.”

    Authored by Kelly Burton

    Catering Butchers

    Kelly Burton • Leisure & Hospitality • Administration

    A previously successful, family-owned and managed catering butchers saw its turnover eradicated by the Covid 19 outbreak.

    Following a review of all the options with the team at Wilson Field, the directors decided to appoint WF as Administrators.

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

    “Like many over the pandemic, unfortunately there were some difficulties encountered as the business struggled to keep up its strong sales. However, we are continuing ro release the assets for the benefit of the creditors.”

    Due to a lack of funding, the business unfortunately ceased to trade, however, the Administrators have managed to secure the debtor ledger and a sale of the remaining tangible assets, for the benefit of creditors.

    Beverley Horton

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      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

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      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

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      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

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      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      mark dangerfield

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      "Brilliant, straight to the point, answered my questions promptly A+"

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      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

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      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

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      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

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      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

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      "Very good advice and simply put without the Jargon."

      Iain W

      star_rate star_rate star_rate star_rate star_rate

      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

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      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      mark dangerfield

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      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

      star_rate star_rate star_rate star_rate star_rate

      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

      star_rate star_rate star_rate star_rate star_rate

      "Very good advice and simply put without the Jargon."

      Iain W

      star_rate star_rate star_rate star_rate star_rate

      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

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      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      mark dangerfield

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      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

      star_rate star_rate star_rate star_rate star_rate

      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

      star_rate star_rate star_rate star_rate star_rate

      "Very good advice and simply put without the Jargon."

      Iain W

      star_rate star_rate star_rate star_rate star_rate

      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

      star_rate star_rate star_rate star_rate star_rate

      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      mark dangerfield

      star_rate star_rate star_rate star_rate star_rate

      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

      star_rate star_rate star_rate star_rate star_rate

      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

      star_rate star_rate star_rate star_rate star_rate

      "Very good advice and simply put without the Jargon."

      Iain W

      star_rate star_rate star_rate star_rate star_rate

      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

      star_rate star_rate star_rate star_rate star_rate

      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      mark dangerfield

      star_rate star_rate star_rate star_rate star_rate

      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

      star_rate star_rate star_rate star_rate star_rate

      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

      star_rate star_rate star_rate star_rate star_rate

      "Very good advice and simply put without the Jargon."

      Iain W

      star_rate star_rate star_rate star_rate star_rate

      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

      star_rate star_rate star_rate star_rate star_rate

      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      mark dangerfield

      star_rate star_rate star_rate star_rate star_rate

      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

      star_rate star_rate star_rate star_rate star_rate

      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

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