Informal full and final settlement – it can be done!
We were recently referred a matter, which, was slightly unusual in the current climate and below is a summary of the facts:
- Company had ceased trading.
- Only asset was cash at bank of £67,000.
- 6 Company creditors totalled £201,000 of which £75,000 was owed to the company directors.
- No HMRC debt and no Covid support loans.
The directors asked could we deal with the voluntary liquidation of the matter and of course, given the net liabilities we said we could. However, given the nature of the matter and looking to think out of the box and, provide best advice, we suggested best try an informal full and final settlement which would provide the following:
- A return of 33 pence in the £ (within 28 days) in the informal offer.
- 21 pence in the £ (payment not likely to be received within 1 year) if 100% of creditors did not agree with liquidation as a result.
We are pleased to report that agreement was reached but this was mainly due to their being no HMRC debt and no Covid support loans (HMRC and liabilities in respect of Covid support loans are unable to informally agree this sort of offer) with the creditors involved being able to make a commercial decision.
Whilst it would have been easy for us to deal with the liquidation, we always to look to provide the best advice which, we believe, is certainly in evidence here.
If you require any advice on an insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 or email to email@example.com. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.