Following the liquidation of his company, our client was not only dealing with the loss of a business but also with significant personal financial exposure. An overdrawn Director’s Loan Account and unsecured liabilities totalling £100,000 left the client facing the very real prospect of bankruptcy.
The appointed liquidators identified substantial equity in the family home and viewed it as the primary route for creditor recovery. For the client and his family, this was not an abstract financial risk – it represented the potential loss of their home, long-term financial stability, and peace of mind.
Having already endured the stress of business failure, the client sought a clear, structured solution that would protect his family while resolving the outstanding liabilities on realistic and affordable terms.
The Strategy: Evidence-Led Negotiation and Risk Management
Bell & Company were instructed to take control of the situation and engage directly with the liquidators. Our objective was clear: to protect the family home while achieving a commercially sensible resolution for all parties.
Our approach focused on three key pillars:
Realistic Assessment of Property Equity
We conducted a detailed and evidence-based analysis of the property’s true net equity, taking into account market conditions, secured lending, sale costs, and the practical realities of enforcement. This demonstrated that a forced sale would not deliver the outcome the liquidators anticipated.
Commercial Creditor Positioning
We presented a clear comparison of likely creditor returns under alternative scenarios, including bankruptcy. By evidencing the pro-rata impact on all creditors and the reduced certainty of recovery through enforcement, we reframed the discussion around commercial reality rather than theoretical exposure.
Affordable and Deliverable Settlement Structure
All negotiations were conducted within the client’s defined financial limits. This ensured that any proposed settlement was not only acceptable in principle but achievable in practice, avoiding further risk, default, or escalation.
The Result: A Pragmatic Commercial Outcome
Through structured negotiation and disciplined strategy, we redirected the liquidator’s focus away from bankruptcy proceedings and toward a swift, pragmatic settlement.
The outcome was a Full and Final Settlement that eliminated the debt while protecting the client’s most valuable asset: the family home.
- Final Settlement: £10,000
- Total Savings Achieved: £90,000
Outcome: Family home protected and bankruptcy avoided
The Human Impact: Control, Certainty, and Relief
Beyond the financial outcome, the real success of this case was the restoration of stability and certainty for the client and his family.
“I came to Bell & Company with an unaffordable personal liability after my business hit difficulties. I gave them a budget for a full and final settlement which, although still a substantial sum, was a fraction of my overall debt. They negotiated with the lender and managed to conclude the settlement within £70 of my budget. I can’t thank Joe and Phil from Bell & Company enough.”
Rory McGimpsey, Head of Corporate Debt Solutions at Bell & Company, who managed the case, commented:
“From day one, our priority was protecting the family home. By clearly demonstrating the reality of the equity position and the commercial benefits of a swift, proportionate settlement, we were able to deliver an outcome that gave the client certainty and control. Achieving a result within such a narrow budget margin is exactly what strategic negotiation is about.”
A Clear Message
This case demonstrates that even severe personal liabilities do not automatically lead to bankruptcy or asset loss. With the right strategy, early intervention, and expert negotiation, substantial debts can be resolved while protecting what matters most.
Is your home or business at risk?
Don’t wait for the “worst-case scenario” to become a reality. Our strategists specialise in complex debt negotiations and asset protection. Whether you are facing a winding-up petition or personal liability, we are here to fight for your home.
Contact Bell and Company today for a confidential consultation.