Draft for review
Creditor compromises

Your proposed creditor deal depends on every creditor agreeing

Assess interdependent informal creditor offers and conditions without assuming all creditors bound or comparing formal voting rules.
Corporate Recovery Partners
CRP Stacy avatar beside CHECK THE ACCEPTANCE CONDITION and Clarify whether a creditor proposal depends on other acceptances before treating one response as a deal. on a monochrome 1609 cover.
01 / 06

One acceptance does not fund the whole plan

A hypothetical company offers several creditors reduced payments from a limited pool of funds. The cash plan works only if all relevant creditors agree. One creditor accepts quickly while another refuses. Before treating the first acceptance as a successful restructure, obtain advice on the proposal's conditions and what the different responses mean for the company's obligations.

02 / 06

Make the interdependence visible to advisers

Prepare the creditor list, proposed amounts, available funds and the assumptions linking the offers. Identify which commitments are possible independently and which depend on other outcomes. Do not conceal that a proposal relies on further acceptances. Ask the lawyer how conditions should be expressed and what the company may already have committed to through its communications.

03 / 06

Choose the process with qualified advice

ASIC's director guidance describes seeking appropriate advice when a company faces financial difficulties. Informal negotiations and formal insolvency options require separate consideration. Do not assume that one creditor's agreement binds another or that an informal proposal operates under a formal voting process. A qualified adviser should assess the company's position and the suitable route, including the consequences of continued trading.

Source: ASIC: Insolvency for directors

04 / 06

Track responses accurately

In the hypothetical example, keep acceptance, counteroffer, refusal and no response as distinct statuses. A creditor asking for documents has not necessarily accepted the proposal. Preserve the exact correspondence and any qualifications. Avoid announcing a percentage of creditors supporting the plan unless the calculation and meaning are clear, particularly where different debts or conditions are involved.

05 / 06

Recalculate after a changed response

If one creditor requires more money, test the effect on the remaining proposals and overall cash position. Do not promise the same limited funds twice. Seek advice before selectively paying accepted offers where the wider arrangement may fail. The treatment of existing acceptances and any proposed withdrawal or revision needs assessment against the actual communications and legal circumstances.

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Confirm a workable outcome before relying on it

Keep the final agreed terms and unresolved positions together with the revised forecast. CRP can help organise the commercial information for professional review. The objective is an arrangement the business can lawfully and practically carry out, rather than a collection of encouraging responses whose conditions cannot all be satisfied at the same time.

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