INSOLVENCY STATISTICS MONITOR February 2013 The Insolvency Service has published the official insolvency statistics for England and Wales for the fourth quarter of 2012. Company insolvencies Compulsory liquidations The number of winding up orders made by the courts in the quarter was 922, down by 15.2% on the previous quarter, and down by 33.8% on the same period in 2011. 2011 Q4 2012 Q1 2012 Q2 2012 Q3 2012 Q4 1,393 1,211 1,023 1,087 922 Percentage change Q4 2012 on: 2011 Q4 2012 Q3 -15.2 -33.8. Creditors’ voluntary liquidations (CVL’s) The number of creditors’ voluntary liquidations in the quarter was 2,912, an increase of 1.2% on the previous quarter, and 0.4% on the equivalent quarter of 2011. 2011 Q4 2012 Q1 2012 Q2 2012 Q3 2012 Q4 2,901 3,058 3,048 2,877 2,912 Percentage change Q4 2012 on: 2011 Q4 2012 Q3 0.4 1.2 Receiverships, administrations and company voluntary arrangements (CVA’s) The number of receiverships, administrations and CVA’s registered at Companies House in the quarter was 1,007, a slight increase of 0.2% on the previous quarter. Overall the figures show a decrease of 14.2% on the fourth quarter of 2011. 2011 Q4 2012 Q1 2012 Q2 2012 Q3 2012 Q4 1,173 1,290 1,310 986 1,007 Percentage change Q4 2012 on: 2011 Q4 2012 Q3 -14.2 0.2 Individual insolvencies Bankruptcies The number of bankruptcy orders made by the courts against individual debtors in the quarter was 6,919, a decrease of 9.1% on the previous quarter, and down 12.9% on the corresponding period in 2011. 2011 Q4 2012 Q1 2012 Q2 2012 Q3 2012 Q4 8,658 9.132 8,088 7,617 6,919 Percentage change Q4 2012 on: 2011 Q4 2012 Q3 -12.9 -9.1 Debt Relief Orders Debt relief orders were introduced in April 2009, for individual debtors with few, if any, assets or surplus income and relatively modest liabilities. A total of 7,397 orders were made in the quarter, a decrease of 4.9% over the previous period. 2011 Q4 2012 Q1 2012 Q2 2012 Q3 2012 Q4 7,359 7,897 7,956 7,777 7,397 Percentage change Q4 2012 on: 2011 Q4 2012 Q3 0.5 -4.9 Individual voluntary arrangements (IVA’s) The number of individual voluntary arrangements in the quarter was 10,986, up 11.7 on the previous quarter, and a decrease of 15.8% compared with the fourth quarter of 2011. 2011 Q4 2012 Q1 2012 Q2 2012 Q3 2012 Q4 13,047 11,694 11,346 12,668 10,986 Percentage change Q4 2012 on: 2011 Q4 2012 Q3 -15.8 -13.2 Source: The Insolvency Service Commentary In the last edition of the Monitor I commented that “the barrage of economic doom and gloom .... at last seems to be relenting”. Then came Comet, Jessops, HMV, Blockbusters, disappointing Christmas retail sales figures, poor output figures for services, manufacturing and construction, the prospect of a “triple dip” recession, speculation of the UK losing the Chancellor’s cherished “AAA” rating, the Bank of England reporting “serious headwinds” for the UK economy and the IMF saying that the global economic recovery seems to be weakening. Perhaps I should keep my thoughts to myself in future! The good – if rather surprising - news, is that the number of company liquidations continues to decline. During 2012 the numbers dropped quarter by quarter resulting in a total of 16,138 for the year, compared to 16,886 in 2011. The number of administrations, administrative receiverships and company voluntary arrangements, the procedures intended to act as rescue mechanisms, also fell in the year to 4,593 from 4,882 in 2011. For this recession, corporate failures peaked in 2009 at 25,430, far fewer than in the recession of the early 1990s. However, the peak year for failures was 1992, when the economy was coming out of recession, asset prices were starting to recover and companies’ cash flow was becoming stretched as order books picked up. That hasn’t yet been seen this time. Research by R3 suggests that there be up to 160,000 “zombie” businesses in the UK, companies which are managing to service interest on their debts but are unable to repay the principal. Banks have been showing great forbearance, although it could be argued that this is tying up capital which could more productively be used to fund healthier businesses. One other reason for the comparatively low number of failures has been the hitherto largely sympathetic approach taken by HMRC towards struggling businesses. Pressure from the Treasury on HMRC to collect debts seems to be increasing, and they are keen to dispel the myth that they are just another lender, and that delaying tax payments is an acceptable way of overcoming cash flow problems. With 37% of small businesses reporting reduced profits and 24% regularly using their maximum overdraft facility, we suspect that there are more to failures on the horizon and that the coming months, even years, will be somewhat busier for the insolvency profession. As we continually remind our contacts, where businesses in difficulties take sound, professional advice in good time, instead of leaving things until the problems become insurmountable, there is often a good prospect of recovering at least part of what might otherwise have seemed a hopeless case. The number of individual insolvencies, resumed its downward trend in the fourth quarter of 2012. Note that the figures do not include individuals who are in debt management plans. The numbers of bankruptcies, debt relief orders and individual voluntary arrangements fell to 109,477 in 2012 from a peak of 135,045 in 2010. With personal credit having been harder to obtain over the last few years the decline in personal insolvencies is probably to be expected. That said, the Office of National Statistics recently reported that total unsecured household debt now stands at £94.7billion, compared to £85.9billion before the recession. More than eight million people describe their debts as being a “heavy burden” or “something of a burden”. With stagnating wages and rising living costs that position is unlikely to change any time soon. Without wanting to be the doom-mongers of the professional world, we continue to believe that there is bound to be more pain to come as the UK economy continues what is, at best, a stuttering recovery and businesses will face challenging times for the foreseeable future. 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