When A Business Goes Bust: What Happens Next? | Carrie James
#CarrieJames #Insolvency #HMRC #BusinessWithoutBS #SmallBusiness What actually happens when a business goes bust? And what should you do before it gets that far? It's Halloween on Business Without BS, so we're tackling the thing every business owner is frightened of and almost nobody understands: insolvency. Carrie James is an insolvency partner at Oury Clark. She spends her working life with directors at their hardest moment: rescuing businesses that can be saved, closing the ones that can't, and making sure creditors are treated fairly along the way. In this episode, Carrie joins Andy Oury (The Rebel Accountant) and Jemma Hotta (The Lovely Lawyer) to take the hocus pocus out of insolvency: why HMRC quietly becomes your lender, what a personal guarantee can really cost you, and why the biggest mistake directors make is not making a decision at all. Why it matters: most business failures don't start with one disaster. They start with unpaid PAYE and VAT, a director's loan account nobody's watching, or a personal guarantee signed years ago. The earlier you spot the problem, the more options you have. A conversation with your accountant and your lawyer, without paying for the meeting. Two expert lenses, one business problem, no jargon. 🎯 In this episode, you'll hear: • Why HMRC becomes a "silent lender", and why PAYE and VAT were never your money to trade with • When a company is actually insolvent (it's not always when you think) • What insolvency practitioners really do, and why calling one early can save your business • The options, from a quiet negotiation to CVAs, pre-packs, administration and liquidation • Can a personal guarantee cost you your family home? • The overdrawn director's loan account trap • Pre-packs and phoenixing: rescue or stitch-up? • Time to pay with HMRC, and who gets paid first when a company fails • How sole traders and suppliers can protect themselves when a customer goes bust • Awake at 3am worrying about your business? What to do first thing in the morning • Carrie's scariest appointment, and a Halloween round of Business or Hocus Pocus? ⏱ Chapters 00:00 Cold open 00:14 Welcome and meet Carrie James 03:18 Quickfire questions 08:34 The scariest thing in business 10:16 Why HMRC becomes the "silent lender" 13:39 When is a company actually insolvent? 17:05 Statutory demands, wrongful and fraudulent trading 23:08 What an insolvency practitioner really does 26:20 Your options: negotiation, CVAs, pre-packs and liquidation 33:41 Personal guarantees and the family home 40:10 Overdrawn director's loan accounts 45:51 Administration, pre-packs and phoenixing 53:05 HMRC, time to pay and who gets paid first 1:00:27 When your customer goes bust 1:09:14 Carrie's scariest appointment 1:14:48 Awake at 3am? What to do next 1:19:04 Business or Hocus Pocus? 📌 About our guest Carrie James is an insolvency partner at Oury Clark, working with companies and individuals in financial distress. Her approach: stay calm, look at every option, and don't delay the decision. The sooner directors take advice, the easier the solution. 📌 Meet the hosts Andy Oury is a Chartered Tax Adviser, Chartered Accountant and CEO of Oury Clark. Through The Rebel Accountant, he helps entrepreneurs understand tax, build better businesses and challenge common misconceptions about the economy. Jemma Hotta is a lawyer and co-host of Business Without BS, bringing a legal perspective, sharp questions and a refreshingly practical approach to conversations about business. 🔗 Connect with the hosts: Andy Oury – LinkedIn https://www.linkedin.com/in/andrewoury/ Jemma Hotta – LinkedIn https://www.linkedin.com/in/jemma-hotta/ 🔗 Connect with the guest: Carrie James – LinkedIn https://www.linkedin.com/in/carrieannjames/ 🎧 Listen to Business Without BS wherever you get your podcasts: ▶ Apple Podcasts https://podcasts.apple.com/gb/podcast/business-without-bs/id1528844106 ▶ Spotify https://open.spotify.com/show/6J1YMncmYCLODOKi8A0CFU ▶ Website https://withoutbs.com 👉 Subscribe for more conversations with the experts you'd normally have to hire. https://www.youtube.com/@bwblondon This is general discussion, not professional advice. If your business is in difficulty, speak to a licensed insolvency practitioner, accountant or solicitor about your own situation. Business Without BS is powered by Oury Clark. Real-world business intelligence. No gurus. No fluff. No BS.