Case Study 1   -    A successful DOCA with funds provided and debt forgiven

A company with many years trading suddenly experiences a downturn in sales

The director doesn’t react and continues the business on, making losses each week supporting the company and keeping it solvent by selling off his personal assets and loaning it to the business.

The director contacts us with the company having the following financial position and says what should I do?

Assets                              Book Value      Realisable Value                                    Liabilities

Cash at bank    $10,000     $10,000   Trade Creditors       $50,000
Debtors   $250,000   $250,000   Staff Entitlements       $50,000
Stock  $100,000     $50,000   Tax Debt     $750,000
Plant & Equipment  $250,000     $50,000   Directors Loan $1,000,000
           
           
Total Assets $610,000   $360,000   Total Liabilities $1,850,000

We calculated in liquidation the likely return to creditors as follows:

Estimated realisable value of assets if liquidated       $360,000

Less liquidators costs                                                                 $60,000

Available for distribution to creditors                                 $300,000

Payment of staff entitlements                                                  $50,000

Amount available for creditors                                                $250,000

Return to creditors in liquidation ($250,000/$1,800,000)   13.8 cents  in the dollar                    

Solution - Appoint a VA and propose a DOCA with the following terms:

  • The director forgives his debt until all other debts are settled.
  • The director contributes $60,000 to pay the costs of the VA and provide an increased return to creditors of 38.7 cents in the dollar being (310,000/800,000 after $60,000 contribution and debt forgiveness by the director)

The End Result

The staff are paid their entitlements in full.

The director contributes $60,000 and avoids all the drama and stress of his company being in liquidation.

Creditors receive a dividend of 38.7 cents in the dollar much greater than achieved if the company was liquidated.  The company returns to the director debt free together with it’s paid tax losses, which are well in excess of the $60,000 he paid. The overall net benefit to the director was $240.000.

 

 

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