For businesses who are struggling to come up with the funds to pay off outstanding debt, the struggle can be overwhelming. Not only are creditors using increasingly pressurising methods, sending letter after letter and adding more and more interest onto an amount, but the current economic climate means that banks are reluctant to lend. This can, and has, led to a number of failing businesses closing their doors for the very last time.
Whilst most will believe that burying your head in the sand is the best course of action, seeking insolvency advice from accredited professions is of extreme importance in these circumstances. Without this kind of help, companies can completely miss an opportunity to continue successfully trading. Whilst bankruptcy is always an option however undesirable, there are plenty of other solutions that are readily available for businesses to take by the horns.
Company voluntary arrangements, pre pack administration and individual voluntary agreements are all examples of the many options out there. A CVA, which is a legally binding agreement between a debtor and a creditor is a particular favourite amongst struggling companies.
1, CVA – With a company voluntary arrangement a company in debt is able to reduce the amount that they pay back to their creditors each month in order to be able to continue trading. Whilst this sounds ideal, it is important to remember that creditors need to agree to every term and condition that is set out. Without their approval, this agreement will not happen.
2, IVA – An individual voluntary agreement is where the individual in debt (a CEO or director) can make a creditor an offer. This can be a lump sum that will cover the majority of the debt or simply an amount that is paid each month over the course of five years. Again, the creditor will need to completely agree to the offer that is being made whilst also agreeing to wipe out any interest or outstanding amount once the five years has passed.
3, PPA – A pre pack administration process, on the other hand, does not require a creditor’s approval. Instead, the failing company is bought by a director of an insolvent business. The failing business is liquidated, meaning that normal trading can be resumed through the new company without the burden or stress of debts and financial worries. This particular option is not favoured by creditors, for obvious reasons, but it is an option nonetheless.
Any business that is experiencing financial problems will agree that the best course of action is to act fast. Redundancies and staff cuts should be the last thing that a director suggests. Cost cutting incentives should almost definitely be implemented before a situation is seen to get worse.



