Bankruptcy, insolvency and business recovery
Businesses can struggle in difficult and good times. This can be caused by such things as economic cycles, failure of a large customer or a change in the market, which can be impacted by various external factors. Take the restrictions on trade imposed due to the COVID-19 pandemic as an example.
Failing to recognise or ignoring that the business is struggling puts its continued operation at risk, leading to insolvency.
What is insolvency?
If a business can’t pay its debts as they become due, it is deemed to be “insolvent”. This can be temporary or permanent.
The result can be:
Bankruptcy – for a sole trader or partnership
Liquidation – for a company
Signs that a business is struggling include:
Being unable to pay bills on time
Getting paid late or not at all
Being unable to take a salary from your business
Suppliers opting to only provide stock on cash terms
Receiving demands for payment
Hitting borrowing limits
Missing BAS, and or superannuation guarantee payments
Not lodging tax returns
How do you avoid losing your business?
It is essential to keep good business records and regularly review the with your business advisers.
Additionally, it is recommended to:
Act early when you have a problem. Don’t wait until you have a bankruptcy or winding up application served or you are trading insolvently.
Seek expert advice and act on it. Don’t take notice of family and friends who think they know better or have heard something to the contrary
Give all relevant information to your adviser – don’t hold back.
If you act early and get advice from experienced and expert advisers, you may be able to get your business back in shape. Business recovery strategies include:
Business recovery strategies include:
Improving debtor recovery
Equity and debt raising
Delaying creditor actions
Bankruptcy or business liquidation
Where recovery is not possible or not commercially effective, you will need advice on strategies to deal with bankruptcy and liquidation.
These may include:
Contesting creditor demands
Contesting statutory demands
Appointing a receiver
Appointment of a liquidator or trustee
Avoiding/ contesting actions for unpaid liabilities
Greenhalgh Pickard’s solicitors and accountants can provide expert and professional advice about business recovery and insolvency matters. They understand the need for accurate commercial advice and fast action when personal or business finances are at risk.
Their lawyers and accountants can also provide strategic tax advice, assist you in negotiations and where necessary representation.
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