Insolvency & Bankruptcy help!!!

Original Post:

Hi there,

Been reading a number a posts in the forum and it seemed like a good place to get unbiased answers. Please go easy. The short version is that my company has failed after 6 years (Covid, AI, lack of funding) and after speaking with a number of insolvency practitioners, accountants, debt charities, solicitors etc - it's looking like compulsory liquidation is our only option (can't afford voluntary). As a result I am liable for 30K Directors loan & £15k in Company credit Card debt (PG) which is accumulating an eye watering amount of interest each month.

I owe £25k in personal debt (used to cover my wages) and with no job and a number of significant health problems at the moment I can't see a way of ever getting on top of this + I don't want to risk having bailiffs coming to my elderly parents home. Lost or sold everything I had to try and keep the business alive but couldn't, so bankruptcy seems like my only option. Business owes 4k on BBL, all above board btw and 80% paid as well so not sure strike off would work for us. To be honest, I am really frightened of having to go through compulsory liq & bankruptcy. I have never missed a payment for anything in my life until now but I know I must face the consequences.

My question is, does anyone in the forum has experience of having gone through these? Or can offer some words of wisdom. Can I apply for bankruptcy before compulsory liquidation? I know it can take months - years. If I apply for bankruptcy first, then could I apply for strike off for the company?

FYI: I have no assets outside of a 5 year old basic laptop & mobile phone. My family are paying my bills at the moment until I can get back on my feet & I am hoping to be healthy enough to get back into self employment in the next month or so. Also, have been told that getting professional indemnity insurance or insurance at all is going to be almost impossible. Surely that's not true? I know I have messed up but I am sure there are plenty of people who fail at one business and then try another further down the line...........

Any advice would be very helpful. Thank you.
 
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Porky

Free Member
  • Dec 27, 2019
    704
    2
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    Staffordshire
    @Carmo85
    Really sorry to read this, nobody sets out to fail in business but sometimes events don't go to plan and the climate has been dire the last few years for many and you won't be on your own. I can appreciate you are probably feeling very anxious and stressed at the moment regarding this situation but please don't be. I know it's easy for me to say but all of this is a process. You will get through it.

    Really you need some IP advice, not sure who has advised you so far but clearly you are still unsure of the process so go and talk to someone.Contact CAB and try get some debt advice.

    As I see it, there are two parties here: the business as one legal entity and you personally as the other. You don't just go bankrupt someone has to raise a petition to apply to the courts, there is a cost to do that, an action might not necessarily be brought against you personally if they think no chance of recovering anything.

    IMO The first thing to do is close the business down first, then deal with any personal.liability second. If after dissolving the company you are on for part of the debt (PGs etc) once that's known then look at your personal debt options. At this stage it sounds like you don't know exactly what is personal or business liability you are confusing the two.

    Regarding indemnity insurance, not sure what you are referring to really what you need it for?. All insurance companies are a bit tetchy if you state you are bankrupt but you are a long way off that at the moment and I'm reading that you are looking for gainful employment elsewhere so that's for the birds at the moment - focus on getting the advise to close the business off and then go from there.

    Good luck to you but above all, don't stress. These things happen, as I say it's a process and you will get on the other side of it - you take care now
     
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    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,463
    1
    1,444
    www.parkerandrews.co.uk
    Have you explored the alternative insolvency procedure to Bankruptcy called an Individual Voluntary Arrangement? ("IVA").

    It might be suitable for you depending on your circumstances, although sometimes it can be more onerous and if you don't own a property then Bankruptcy may well be the better option for you.

    Contact Stepchange for more advice on Bankruptcy:


    I could possibly help you with Liquidation if you were able to pay something back towards the DLA to cover our costs. You could pay this in installments and write the balance off so it would buy you breathing space. Feel free to dm me to book a free, no -obligation, chat.
     
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    Upvote 0
    I am sorry to hear about your situation and do not seek to trivialise it.
    Ultimately, a key point here appears "there is no way of getting blood out of a stone".
    Whilst the position is distressing, the simple question of the debt liability is that absent misconduct, creditors would appear in difficulty pursuing a situation such as this one.
     
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    boxlot

    Business Member
  • Business Listing
    May 31, 2024
    60
    27
    www.boxlot.uk
    The cheapest way to get out of everything is a personal bankruptcy. In this case you don't have to do anything with the business. When you declare personal bankruptcy you legally can't be company director and have to resign. After this no one can ask you for a penny.

    Company will hang in the air and at some point will be struck off by HMRC as there is no director etc.
     
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