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Business Rescue

Can I Save My Company from Liquidation?
In Many Cases, Yes.

Facing liquidation is terrifying. But “facing liquidation” and “being liquidated” are very different things. Many companies that seem destined for closure can be rescued—with the right advice and the right action at the right time.

SRA Regulated
30+ Years Insolvency Experience
Former HMRC Inspector
The Real Question

Is Your Business Worth Saving?

Before exploring how to save your company, we need to ask a harder question: should it be saved? Not every business can or should be rescued. Sometimes the kindest, wisest thing is an orderly closure that protects you as a director and treats creditors fairly.

The key is being honest about whether the underlying business is viable— or whether you’re just delaying an inevitable end. Here’s how to tell.

Signs Your Business Can Be Saved

  • The core business is profitable (or was recently)
  • Problems are temporary—a bad contract, delayed payment, one-off issue
  • You have a healthy order book or customer pipeline
  • Key staff are still in place and committed
  • The business model is fundamentally sound
  • Assets roughly cover liabilities (or close)
  • Cash flow issues are solvable with restructuring

Warning Signs

  • Business has been loss-making for extended period
  • No realistic prospect of returning to profit
  • Key customers or staff have left
  • Market has fundamentally changed against you
  • Liabilities significantly exceed assets
  • Multiple creditors pressing with no path to pay
  • Director loans already exhausted

Not Sure? That’s Normal.

Most directors in this position can’t tell whether their business is saveable—they’re too close to see clearly. An objective assessment by someone who’s seen hundreds of these situations helps you understand where you really stand.

Your Options

5 Ways to Save a Company from Liquidation

If your business is worth saving, there are proven legal mechanisms to rescue it. Here are your main options.

1

Company Voluntary Arrangement (CVA)

Restructure your debts while staying in control

A CVA is a formal agreement between your company and its creditors to pay back a percentage of what you owe over 3-5 years. If 75% of creditors (by value) vote to accept your proposal, the arrangement becomes legally binding on everyone—including those who voted against.

Directors remain in control of the company throughout. There’s no public record beyond a register entry. Creditors often accept because they typically recover more than they would in liquidation.

Directors stay in control
Can write off 30-70% of debt
Business continues trading
No court involvement

Best for:

Companies with multiple creditors, viable core business, and ability to make regular payments over time.

2

Administration

Legal protection while you restructure or find a buyer

Administration provides an immediate moratorium—a legal shield that stops all creditors from taking action against the company. No winding up petitions can proceed, no enforcement can continue, no one can seize assets.

An insolvency practitioner (administrator) takes control and works to rescue the company as a going concern, achieve a better result for creditors than liquidation would, or—if rescue isn’t possible— realise assets for distribution.

Immediate creditor protection
Stops all legal action
Time to find best solution
Can lead to company rescue

Best for:

Companies facing urgent creditor action, those with valuable assets or operations, or where a sale as going concern is possible.

3

Time to Pay Arrangements

Negotiate payment plans with individual creditors

If your problems are concentrated with a few key creditors (especially HMRC), you may be able to negotiate Time to Pay arrangements without any formal insolvency procedure. This involves agreeing to pay debts in instalments over an agreed period.

This is less formal and less expensive than a CVA, but requires each creditor to agree individually—there’s no mechanism to bind unwilling creditors.

No formal insolvency
Lower cost
Quick to arrange
Full debt paid over time

Best for:

Companies with temporary cash flow issues, limited number of creditors, and ability to catch up over 6-12 months.

4

Pre-Pack Administration

Save the business by transferring to a new company

A pre-pack involves the company entering administration, with an immediate sale of the business and assets to a new company—often owned by the same directors. The old company’s debts stay behind; the business continues in the new entity.

This is controversial and heavily scrutinised, but can be legitimate when done properly. It preserves jobs, customer relationships, and business value that would be lost in a lengthy administration.

Preserves business value
Protects jobs
Quick transition
Fresh start

Best for:

Companies where the business is viable but debts are insurmountable, and where delay would destroy business value.

5

Informal Restructuring

Fix the problems without formal procedures

Sometimes the best approach is to restructure informally—cutting costs, renegotiating contracts, improving cash collection, raising fresh capital, or selling non-core assets. This avoids the costs and stigma of formal insolvency.

However, this only works if you’re not yet facing aggressive creditor action and have the time and resources to implement changes. It requires honest assessment of whether informal action is enough.

No formal insolvency
No public record
Lower cost
Full control retained

Best for:

Companies catching problems early, with cooperative creditors and realistic turnaround plans.

The Process

How Do We Decide What’s Right for You?

Every situation is different. Here’s how we work together to find the best path.

1. Free Consultation

We talk through your situation, understand the pressures you’re facing, and gather key information about your business.

2. Honest Assessment

We analyse your finances, creditor position, and business viability. You get the truth about whether rescue is realistic.

3. Clear Options

We present your options clearly—what each involves, what it costs, and what outcome you can realistically expect.

Critical

Why Timing Matters So Much

The earlier you act, the more options you have. A company that seeks help when problems first emerge has many more choices than one that waits until creditors are at the door.

Act Early

When you act early, you can negotiate from strength. Creditors are more willing to agree payment plans. You have time to restructure properly. You’re making choices rather than reacting to emergencies.

Wait Too Long

When you wait too long, options disappear. A CVA that could have worked becomes impossible if too many creditors have lost patience. Administration costs more when it’s done in crisis. And continuing to trade while insolvent can expose you personally to “wrongful trading” liability.

The bottom line: If you’re worried about your company’s survival, the time to get advice is now—not when the bailiffs arrive.

Femi Ogunshakin - Insolvency Solicitor

Why Femi for Business Rescue?

Saving a company from liquidation requires someone who understands both the legal mechanisms and the human element—the stress, the uncertainty, the difficult decisions.

  • 30+ years in insolvency — has rescued hundreds of businesses and seen every situation
  • Former HMRC Inspector — invaluable when HMRC is a major creditor
  • Honest assessment — you’ll get the truth, not false hope
  • Practical focus — finding workable solutions, not just legal theories
  • Compassionate approach — understands the human side of business difficulty
Common Questions

Frequently Asked Questions

The key question is whether the underlying business is viable—can it make a profit if the debt burden is addressed? If the answer is yes, rescue is usually possible. If the business model itself is broken, rescue may not be appropriate. An honest assessment with an experienced adviser will clarify this quickly.

In a CVA, directors stay in control and propose a payment plan to creditors. In administration, an insolvency practitioner takes control. CVAs are less disruptive but require creditor cooperation. Administration provides stronger protection from creditors and is better when urgent action is needed or when a business sale is the goal.

Getting advice doesn’t mean losing your business—quite the opposite. Many rescue options keep directors in control. Even if the company can’t be saved, getting advice helps you exit properly and potentially start fresh. Ignoring problems is what leads to losing your business with no options.

Usually yes, unless you’ve been disqualified as a director or the new company uses the same or similar name (which has restrictions). How the old company closes matters—an orderly closure with professional advice protects your ability to start again. Getting it wrong can result in director disqualification or personal liability.

In a CVA, employment continues normally. In administration or a pre-pack, employees may transfer to a new entity under TUPE regulations, preserving their jobs and rights. Rescue options often save more jobs than liquidation would. Protecting employees is typically a priority in any restructuring plan.

Costs vary significantly depending on the approach. A Time to Pay negotiation costs less than a full CVA, which costs less than administration. Femi offers a free initial consultation to assess your situation. After that, you’ll receive a clear quote before any work begins. The cost of proper advice is almost always less than the cost of getting it wrong.

The First Step Is Finding Out Where You Stand

Book a free, confidential 30-minute consultation with Femi. Understand your options, assess your situation honestly, and start making informed decisions about your company’s future.

Get FREE 30-Minute Consultation

Completely confidential. No judgment. No obligation.