INS10157 - Introduction to Voluntary Arrangements

The alternative to bankruptcy or liquidation

A bankruptcy or winding up order: the right outcome?

A bankruptcy order might be the right outcome. If a taxpayer is hopelessly insolvent, their financial affairs will be taken out of their hands and a line will be drawn for both debtor and creditors. In the long run, bankruptcy allows a fresh start. That is its purpose.

If a company is hopelessly insolvent and is allowed to continue trading, it may

  • Take customers orders, and cash, for goods it cannot deliver
  • Order supplies for which it cannot pay.

If a business is simply not viable, a winding up order ensures that it will cease to trade and that it will not bring down other businesses.

Might a business be rescued?

If the tests for insolvency were applied strictly many viable businesses could be shown to be 'insolvent'. Many companies depend heavily on borrowing or hire purchase and have their money tied up in working capital. They will find it difficult or impossible to pay all their debts on demand and may have short-term problems in paying large tax debts.

Most businesses are not usually faced with demands from every creditor at the same time and with some juggling are able to trade successfully and pay their debts. Other businesses, which are more deeply insolvent, face liquidation but if given time will be able to turn their business around and pay creditors a much better return than if they were in liquidation.