Creditor Management

They’re offering 15 cents in the dollar. Do you take it?

Before you vote on a DOCA, compare the offer with the likely liquidation return, who is funding it, when payment will arrive and what release terms are being asked for.
Corporate Recovery Partners
Black-and-white editorial image for payment disputes: They’re offering 15 cents in the dollar. Do you take it?
01 / 05

Start with the liquidation number, not the headline

A DOCA can sound attractive when you are staring at a low cents-in-the-dollar offer, but the first question is simple: what would liquidation likely pay? ASIC says creditors should compare any proposal with the likely outcome in a liquidation, because a DOCA is meant to deliver a better return than an immediate winding up. That comparison is the real test, not the size of the promise alone. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

The administrator’s report should give you the estimated liquidation return, along with enough detail to understand what the comparison is based on. Read that figure against your own claim size, and check whether the proposal genuinely improves your position once fees, priority claims and timing are taken into account. A bigger percentage is not always a better result if the money is uncertain or delayed. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

02 / 05

Who is funding it, and when will you actually see cash?

A proposal is only as solid as the money behind it. Check who is funding the deed, whether it is the director, a related party, a business buyer or some other source, and whether that funding is already available or still contingent on future events. ASIC’s guidance makes clear that creditors should understand how they will be paid in a DOCA before voting. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

Then look at timing. Ask when distributions are meant to be made, what must happen before payment is triggered, and whether the deed administrator has any discretion to delay or withhold payment. If the deal relies on trading profits, asset sales or milestones, the practical risk is that the return never arrives as quickly as the paper suggests. That timing gap matters as much as the cents in the dollar. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

Source: Official guidance

03 / 05

Check what the deed does to your claim

Do not vote before you know what the deed says about releases. A DOCA can compromise unsecured creditor claims, and ASIC notes that the order in which claims are paid depends on the deed terms. Some deeds keep liquidation-style priority, while others change the order. That means the same percentage can produce very different real outcomes for different creditors. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

Also check whether the proposal tries to release directors or related parties from claims, or asks you to accept broader waivers than the liquidation path would involve. If the deed varies from liquidation priority, ASIC says creditors should make sure they understand the effect before voting and consider independent advice. The question is not only what you get, but what you may give up. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

04 / 05

Vote only after you have the paperwork in front of you

Your vote should be built from documents, not pressure. Put the administrator’s report, your invoice, any guarantee documents and the deed terms side by side. If the report estimates a dividend in liquidation, compare that number with the DOCA return after allowing for delay, risk and any priority change. That is the practical comparison ASIC expects creditors to make. ([asic.gov.au](https://asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/voluntary-administration-a-guide-for-creditors/?utm_source=openai))

If you need to lodge a claim, do it on time and in the form the deed administrator asks for. If you plan to vote by proxy, make sure the proxy is completed and returned before the deadline. A late vote is not a strategy. It just removes your say from a process that may decide whether you recover anything meaningful at all. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

05 / 05

Take the next step before the deadline passes

If the offer beats liquidation, has real funding, pays on a workable timetable and does not strip away value you would otherwise keep, it may be worth backing. If not, do not let a low initial dividend pressure you into accepting a poorer outcome than liquidation would likely deliver. The right answer depends on the numbers in the report and the deed, not on optimism. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

If you are unsure, move now. Re-read the administrator’s estimated liquidation return, confirm the funding source, check the release and priority clauses, and lodge your vote or proxy before the deadline. CRP coordinates independent qualified professionals who help creditors assess creditor-management options in construction collapses. Contact CRP today if you want a practical review before you vote. ([asic.gov.au](https://www.asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/deed-of-company-arrangement-for-creditors?utm_source=openai))

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