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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    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

    L’Etranger

    Kelly Burton • Leisure & Hospitality • Pre-Pack Administration

    Administrators from Wilson Field have worked with bosses at a London restaurant to serve up a rescue deal. Kelly Burton and Lisa Hogg were appointed joint administrators on 10 July to South Kensington based L’Etranger Restaurant.

    Established in 2002, the Gloucester Road restaurant, located near the Royal Albert Hall and London’s Museum Quarter including the Victoria and Albert Museum, the Natural History Museum and Science Museum, had been trading as L’Etranger Restaurant since 2010 benefitting from the prime location for visitors and theatre-goers.

    However the company sustained a significant loss following the sale of a second restaurant in 2014 and experienced mounting cash flow issues with its retained premises resulting in HMRC arrears and the threat of a winding up petition.

    Keane Hart Ltd, a company owned and managed by existing management team lead by director Ibi Issolah, has acquired the business out of administration for an undisclosed sum.

    Kelly Burton - Director & Licensed Insolvency Practitioner

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

    “L’Etranger had suffered losses in the past few years due to the previous loss-making sale of a second premises. Funds were spent on L’Etranger which absorbed further cash flow accruing HMRC arrears and the company being threatened with a winding up petition.

    “The restructuring process has resulted in the continuation of a viable restaurant and the safeguarding of all the employees and ensures that the business is financially secure for future trading.

    “Five jobs have been saved and transferred under TUPE to the new company.”

    L’Etranger serves Japanese-influenced French cuisine, as well as maki and sashimi alongside offering a world-class wine selection. It has been awarded a number of accolades including an AA Rosette for Best Wine List in the UK 2013.

    As well as seating 80 diners in the restaurant, L’Etranger offers wine tasting, private dining and events for up to 100 people on its premises.

    Shulmans in Leeds advised and dealt with legal matters with Robert McArdle of David Currie & Co in Manchester assisting with asset valuation and disposal.

    Authored by Kelly Burton

    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.

    Authored by Kelly Burton

    Mercer Group

    Kelly Burton • Construction & Engineering • Pre-Pack Administration

    All 38 jobs have been saved at a Bolton construction trade company after administrators at Wilson Field sold the company in a pre-pack deal to existing management.

    Joint administrators Kelly Burton and Lisa Hogg from Wilson Field were called in by directors of Mercer Group on 7 July 2017.

    The company, based at Turton House on Wellington Road in Bolton, had suffered due to serious underpayments from clients resulting in VAT and PAYE arrears and issues with HMRC.

    Mercer Projects Ltd bought the company for an undisclosed sum with all 38 staff from across the group being transferred to the new company under TUPE.

    As well as saving jobs, estimated redundancy and holiday pay totaling almost £97,000 were mitigated resulting in a better return to creditors.

    Kelly Burton - Director & Licensed Insolvency Practitioner

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

    “We are pleased that the sale of the company to Mercer Projects has resulted in all 38 jobs being secured and that the business will continue to trade.

    “We determined that a pre-packaged sale would be in the best interests of creditors.”

    Director Alison Mercer said;

    “This has been an uncertain and very difficult period for Mercer Group but advice from the administrators at Wilson Field has made the whole process less stressful. Their communication and procedure and working closely with them has meant we have been able to keep all 38 staff.

    “With our strong reputation within the sector as a multi trade company and with the same staff team, we were confident that the company has a viable future.”

    Alison added;

    “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 Mercer Projects now looks very positive and we are in a position to offer our customers the same high quality of products and service.”

    The companies began as Mercer Brothers Limited in 2004 and D Mercer and Sons Ltd in 2009 as plastering only businesses and quickly evolved through training and business expansion into a multi-trade company, to become known as Mercer Group.

    During a period of quadruple growth between 2012 and 2013, the company relocated its offices to Bolton and undertook work in both the public and private sectors including residential, educational, medical and commercial properties.

    Areas of expertise included demolition, plastering, screeding, tiling, flooring, joinery, painting and decorating, structural and ground works and roofing.

    It also worked in partnership with a number of local colleges and schools to provide apprenticeship schemes for 16-24 year olds to gain experience, skills and qualifications in the construction industry. Mercer Projects has continued to provide apprenticeships and currently has 4 apprentices who are working on our construction sites.

    Gosschalks Solicitors of Hull advised and dealt with legal work with asset sales through Ian Maycock of Charterfields Surveyors in Manchester.

    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"

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      mark dangerfield

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

      EdM-56

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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."

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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+"

      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"

      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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