The next steps if you can’t pay your debts

By Nicola Clark, Azets

12 Nov 2020

The government has introduced new protections to companies who cannot currently meet their liabilities to carry on trading. 

However, these measures are only temporary and only designed to be used by companies which believe they will be able to settle their debts once the worst of the pandemic has passed.

Government protections

These lifelines include The Corporate Insolvency and Governance Act 2020 (CIGA) which received Royal Assent and came into force from 26 June 2020. Some, but not all its provisions have now been extended to the end of the year or as far as March 2021.

The Act shields businesses from creditor pressure and introduces a new ‘light touch’ formal insolvency process including a moratorium to protect directors and entrepreneurs, who will remain in control of a company supervised by a Licensed Insolvency Practitioner. 

Once a moratorium is in place, enforcement action by all creditors, including landlords and secured creditors, is extremely limited and backed by a provision compelling continued supply of goods. 

Funding redundancies

If an employer cannot afford to pay their employees’ redundancy pay, they can apply to the Redundancy Payments Service (RPS) (part of the government’s Insolvency Service) for financial assistance. If approved, the RPS will make statutory redundancy payments directly to the redundant employees on the employer’s behalf.

The payments take the form of a loan to the employer and repayment of that loan will form part of the plan submitted in application for the funding. 

The next steps

If you cannot currently pay your debts, it is important that you make an honest assessment of your situation. 

Take into account that these protections are only temporary, and while they keep your legacy liabilities on hold, you will also be accruing further liabilities through the day-to-day running of your business.

When these measures end, your creditors will be able to pursue the full amount owed to them and you should plan now for that situation.

The insolvency legislation empowers Insolvency Practitioners acting as Administrators or Liquidators of a company to take action to recover funds from directors where they can determine that they continued in business with no prospect of avoiding a company failure. 

In those circumstances, the claim against the director personally is the value of the harm done to creditors by continuing to trade.

The CIGA temporary suspension of Wrongful Trading provisions has now ended with the implication that, by now, if directors continue to trade, they should have a clear plan, be confident that the business can survive, and that trade is not at the expense of creditors.

If you cannot pay

In the event that you will not be able to pay your debts, it is best to act soon while protections are still in place and while your business may still have some chance of recovery. Speaking to a restructuring and recovery expert early will give you the best opportunity to assess your options and put together a realistic and deliverable plan.

  • To read this feature in full and access further Lancashire business news, advice and analysis subscribe to Lancashire Business View magazine or join the LBV Hub from just £2.50 per month. Click here to subscribe now.

Enjoyed this? Read more from Nicola Clark, Azets

Latest news

1

Preston Tram bridge scheduled to open in the Spring Preston tram bridge

Preston Tram bridge scheduled to open in the Spring

22 Dec 2025

2

MHA to acquire Moore Stephens firms in UAE Rakesh Shaunak MHA

MHA to acquire Moore Stephens firms in UAE

22 Dec 2025

3

Planning application for new industrial and logistics Frontier Park Preston Plans have been submitted for the land in Preston

Planning application for new industrial and logistics Frontier Park Preston

18 Dec 2025

4

Burnley College gets share of £88.5m funding to revolutionise engineering and computing education Burnley College interim principal Kate Wallace, curriculum manager for Engineering David Coar, head of projects and partnerships Rosie Fearne, assistant principal – BCUC Nina Parkin and director of Skills and Innovation Neil Burrows

Burnley College gets share of £88.5m funding to revolutionise engineering and computing education

18 Dec 2025

5

SpudBros link up with EG On The Move SpudBros opening in Blackburn

SpudBros link up with EG On The Move

17 Dec 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
January / February 2026 Magazine networking event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 Magazine networking event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event
LBV Hub Webinar
13 Jan 2026

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event

10:00 - 12:00

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin