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

£8.2m Pleasure Beach ride to open in less than two weeks The Aviktas pendulum

£8.2m Pleasure Beach ride to open in less than two weeks

08 May 2026

2

Manufacturer moves to £14m riverside headquarters Opening of GVS Filters Technology

Manufacturer moves to £14m riverside headquarters

08 May 2026

3

Blackburn shopping plan for EG On The Move Zuber Issa, pic provided by EG On The Move

Blackburn shopping plan for EG On The Move

08 May 2026

4

Katie Day takes lead role at Transport for the North Katie Day

Katie Day takes lead role at Transport for the North

08 May 2026

5

World security threats drive strong performance at BAE Systems Typhoon aircraft

World security threats drive strong performance at BAE Systems

07 May 2026

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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

How to handle an underperforming employee
Logo.jpg.jpg
LBV Hub Seminars
20 May 2026

How to handle an underperforming employee

The Longlands Hotel, Carnforth, LA6 1JH

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