When a business is failing, decisions need to be made quickly in order to minimise risks and to maximise the options available. At Napthens, our business recovery specialists offer practical support to deal effectively with the challenges presented in times of financial difficulties.
The team has expertise in the full range of insolvency matters, including restructuring, re-financing, insolvency appointments and the acquisition of distressed businesses and acts for companies and their directors, creditors, insolvency practitioners, banks and financial institutions and other potential funders.
The team is led by Jane Haymes, who has over twenty years experience in corporate recovery, insolvency and related banking work. Supported by litigation colleagues who have many years’ experience dealing with insolvency related claims, the team provides swift, succinct and commercial advice on a wide range of transactions.
- Company restructures and refinancing
- Banking and security issues
- Administrations (corporate and partnership)
- Liquidations (both solvent and insolvent)
- Company voluntary arrangements
- LPA receiverships
- Creditors’/landlords’ rights on insolvency
- Personal insolvency
- Claims against directors
I was the director of a small business and agreed to be the guarantor of a loan. The company has since gone under and the bank is demanding that I repay the loan. I am worried that I might lose my home. What can I do?
The first step is to fully review the guarantee, as a matter of urgency. Depending on your liability (and your ability to pay) try contacting the lender to arrange a payment plan. If you are fully liable, and are unable to make an offer which the bank will agree to, then it may be appropriate to speak to an insolvency specialist to discuss the various options available to you.
My company is in financial difficulty and there is not enough work for my employees. However, there is some hope that we may seal a large contract soon. What can I do in the interim?
Employers have no statutory right to lay off employees or place them on short-time working without their express consent, unless you have a right in the contract of employment to do so. Any employee who is laid off or kept on short-time working may be entitled to a statutory redundancy payment. If the poor financial situation continues the business may consider a re-organisation or at worst insolvency proceedings if appropriate.