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Restructuring Plans

Companies Act Court-Backed Plans

The most powerful legal tool available for restructuring SME debt. Court-sanctioned plans that can bind all creditors, even those who vote against the plan.

What is a Court-Backed Restructuring Plan?

A restructuring plan is a court-sanctioned arrangement between a company and its creditors under the Companies Act. It allows a company to propose a compromise of its debts that, once approved by the court, becomes legally binding on all affected creditors.

The critical advantage over other restructuring tools is that the court can sanction the plan even if one or more classes of creditors vote against it, provided certain conditions are met. This makes court-backed restructuring uniquely powerful for businesses facing holdout creditors.

How It Works

1

Free Discovery Call

A quick, confidential conversation to understand your situation. We'll tell you honestly whether we can help and what a realistic outcome looks like.

2

Viability Assessment

We look at the numbers, assess what's viable, and map out a strategy. If it's not the right fit, we'll tell you early so nobody wastes time or money.

3

We Build the Plan

Our team designs a restructuring plan tailored to your business. We handle the detail, the creditor negotiations, and the legal process. You focus on running your company.

4

Creditors Vote

We put the plan to your creditors. Because our plans offer creditors a better outcome than insolvency, they typically vote in favour. Even if some don't, the court can still approve it.

5

Court Approval

The court reviews and approves the plan. Once sanctioned, it's legally binding on all creditors. Your debt is restructured. Your business moves forward.

Restructuring Plans vs Other Options

FeatureOur ApproachCVAAdministration
Binds dissenting creditorsYesLimitedNo
Court-backedYesNoYes
Investigations into directorsNoYesYes
Directors stay in controlYesYesNo
Preserves going concernYesMaybeRarely
Typical timeline12 weeks4-8 weeks8-12 weeks
Results-based feesYesNoNo

Key Benefits

  • Legally binding debt compromise
  • Can override dissenting creditors
  • Company retains control throughout
  • Directors stay in place
  • Preserves jobs and contracts
  • Better creditor outcomes than liquidation
  • Results-based fee model
  • 12-week typical timeline
Discuss Your Case