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Restructuring & Insolvency

The Economic Crime and Corporate Transparency Bill

Having successfully navigated its way through the Commons, The Economic Crime and Corporate Transparency Bill is now passing through the Committee stage in the House of Lords, with a further three stages before it receives Royal Assent, later this year. The intention behind the Bill is to introduce wide ranging reforms to address economic crime and counter abuses of our

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Why shareholders come behind creditors in the insolvency queue

Fortunately, few people have any direct experience of a company failure. When they do, the priority ‘waterfall’ for distribution of what’s left in the pot after a business has gone through Administration or Liquidation comes as a mystery. In an ideal world, there would be enough money to go round, but, in reality, it is rarely that straight forward. Due

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Devaluation in a formal insolvency – the impact of costs

So far in our series on what a formal insolvency does to a previously solvent balance sheet and how it impacts stakeholder recoveries, we have looked at overall principles, shrinking non-current asset values, diminishing current asset recoveries and ballooning liabilities. Now we turn to the contentious issue of the cost of an insolvency process. Unfortunately, there is little understanding in

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The best way forward when struggling to repay a Bounce Back Loan

When the government launched its business support loan schemes early in the pandemic, there was widespread praise for the initiative. The speed of roll out, simplicity of the application process, initial repayment holiday and low interest rates were just what embattled businesses needed at a time of massive disruption and huge uncertainty. The Bounce Back Loan (BBL) scheme aimed at

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How business liabilities can balloon during insolvency

Following our first three articles on business devaluation during insolvency, we now turn our attention to the liabilities in the balance sheet. What is often not realised is how a business’s liabilities can grow faster than Jack’s Beanstalk once the business has transitioned from a going concern to a financial downturn ending in insolvency proceedings. This can occur on a

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How current assets melt away in an insolvency situation

In this third instalment on the devaluation of a business during insolvency, we turn our attention to current assets. These assets can not only shrink alarmingly in value during insolvency proceedings, but can also, in some circumstances, actually turn into net liabilities. How can current assets lose value? Inventories Inventories include a wide range of different items. From raw material

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