Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Practical Steps For Directors If Insolvency Is On The Horizon
- 1) Get Clear On Your Financial Position (Not Just Your Bank Balance)
- 2) Stop Any “Grey Area” Payments Or Transfers
- 3) Keep Clean Records Of How The Bounce Back Loan Was Used
- 4) Speak To An Insolvency Practitioner Early
- 5) Be Careful About Taking On New Credit
- 6) Don’t Assume A “Write-Off” Is Automatically Allowed
- 7) Plan Your Closure Properly (So You Can Move On)
- Key Takeaways
If you’re a company director and your business is under serious financial pressure, it’s completely normal to be worried about one question in particular: what happens to a bounce back loan if your company goes bust?
Bounce Back Loans (BBLs) helped thousands of UK small businesses survive the pandemic. But if trading conditions never fully recovered (or costs have jumped), that support can quickly start to feel like a heavy liability.
The good news is that, in many cases, a BBL remains a company debt (not your personal debt). The not-so-good news is that directors can still face personal exposure if the loan was misused, or if you’ve continued trading in a way that breaches your legal duties when insolvency is likely.
In this guide, we’ll walk through what usually happens to a BBL when a limited company goes bust, when directors can become personally liable, and the practical steps you can take to protect yourself and handle the situation properly.
Understanding Bounce Back Loans (And Why The “Government Guarantee” Can Be Misunderstood)
Before we get into insolvency outcomes, it helps to clear up a common misconception: the government guarantee doesn’t mean the loan “disappears” if your company can’t pay it back.
A Bounce Back Loan was:
- Borrowed by the business (usually a limited company), not you personally;
- Issued by an accredited lender;
- Supported by a 100% government-backed guarantee to the lender (through the British Business Bank scheme rules).
Key point: the guarantee generally protects the lender, not the director. If the company defaults, the lender can claim under the guarantee, but the debt still exists as part of the company’s liabilities and will be dealt with in the insolvency process.
Also, BBLs were typically issued without personal guarantees. That’s a major difference compared to many other business loans.
Is A Bounce Back Loan A Personal Debt Or A Company Debt?
If your business is a limited company, the BBL is usually a company debt. That means the company owes it, and it’s normally repaid from company funds.
If you’re a sole trader (or a partnership where the individuals borrowed), things can be different because there’s no “limited liability” shield in the same way. This article focuses primarily on limited company directors, since that’s the most common setup for BBL concerns.
What Happens To A Bounce Back Loan If Company Goes Bust?
So, what happens to a bounce back loan if your company goes bust in the real world?
In most cases, if your limited company becomes insolvent and enters a formal insolvency process (like liquidation), the Bounce Back Loan is treated like other unsecured company debts. The lender becomes a creditor in the insolvency.
Usually, this means:
- the company stops making repayments;
- an insolvency practitioner (or liquidator) is appointed (depending on the process);
- company assets (if any) are collected and realised;
- creditors are paid in an order set by insolvency law;
- if there isn’t enough money to repay all creditors, the remaining debts are typically written off when the company is dissolved.
For many small companies, there aren’t enough assets to repay much (or anything) to unsecured creditors. In that scenario, the lender may recover under the government guarantee, but the company itself still goes through the standard insolvency process.
Does The Bounce Back Loan Get Written Off?
It can be, but it depends on what you mean by “written off” and the route the company takes.
- For the company: if the company enters liquidation and is then dissolved, unpaid unsecured debts (often including the BBL) generally won’t be paid from company funds and won’t be recoverable from the dissolved company.
- For you personally: you are not automatically responsible for the unpaid balance just because you were the director.
However, personal risk can arise if there has been wrongdoing or misuse. Also, it’s important not to assume you can simply “walk away” by striking the company off: where a company still has outstanding debts, creditors (including the lender) can object to a strike-off and, in some cases, apply to restore the company to the register to pursue recovery via the proper process.
If you’re looking at closing down and you know a BBL is involved, it’s worth reading this alongside How To Close A Limited Company so you don’t accidentally take steps that create extra risk.
When Can Directors Become Personally Liable For A Bounce Back Loan?
Limited liability isn’t a “free pass”. When your company is insolvent (or heading that way), your duties as a director sharpen, and certain actions can create personal exposure.
Even though Bounce Back Loans were designed without personal guarantees, directors can still become personally liable if they’ve breached duties or committed wrongdoing connected to the loan or wider company conduct.
1) Misuse Of Bounce Back Loan Funds
BBLs were meant to support the economic benefit of the business. Using the funds for personal purposes (or extracting value improperly) can be a serious red flag.
Misuse examples can include:
- taking the loan and transferring it to a personal account without a legitimate business reason;
- using it to fund personal purchases;
- repaying personal debts;
- using it to pay dividends where the company had no distributable profits.
Sometimes directors don’t intend wrongdoing - they’re just trying to survive. But in insolvency, intent isn’t the only issue; what matters is whether the transaction was lawful and properly documented.
If money was taken out of the company, this can also overlap with issues around director withdrawals and loan accounts - this is where understanding Director Loans becomes important.
2) Wrongful Trading (Continuing To Trade When Insolvency Is Unavoidable)
Once you know (or should know) there is no reasonable prospect of avoiding insolvent liquidation, directors are expected to take steps to minimise losses to creditors.
In plain terms: if the company is going under, you can’t keep “rolling the dice” using creditor money (including the lender’s money) while hoping for a miracle turnaround.
Wrongful trading claims are fact-specific, so getting early advice matters.
3) Fraudulent Trading And Misrepresentation
If a director intentionally deceives creditors or takes out (or uses) finance dishonestly, this can lead to severe personal consequences - including personal liability and potential criminal exposure.
For example, knowingly providing false information in loan applications or deliberately hiding the true financial position of the business can trigger serious action.
4) Preference Payments And Transactions At Undervalue
When insolvency is looming, paying one creditor “ahead of” others (or transferring assets for less than they’re worth) can be challenged by a liquidator.
Common examples include:
- repaying a friend/family member’s loan while leaving HMRC unpaid;
- selling business assets cheaply to a connected person;
- moving assets out of the company before liquidation.
These transactions can sometimes be reversed, and in some cases the director may face personal claims if the conduct breached duties.
5) Overdrawn Director’s Loan Account
If you’ve taken more money out of the company than you were entitled to (for example, as drawings not salary/dividends), you may have an overdrawn director’s loan account.
In liquidation, the liquidator can pursue you to repay that amount, because it’s treated as money owed to the company.
This is one of the most common ways directors get caught out - it’s not “the Bounce Back Loan” being enforced against you personally, but the company (via the liquidator) pursuing repayment of money you’ve taken out.
Insolvency Options And What Each Means For The Bounce Back Loan
If the business can’t pay its debts as they fall due (or liabilities exceed assets), you may be insolvent. At that point, it’s crucial to choose the right pathway rather than drifting into a worse outcome.
Here are common options and how they typically affect a BBL.
Creditors’ Voluntary Liquidation (CVL)
CVL is a director-led liquidation process used when the company is insolvent and needs to close in an orderly way.
What this often means for a BBL:
- the lender becomes an unsecured creditor;
- company assets (if any) are sold to help pay creditors;
- if there’s a shortfall, the remaining balance is generally not paid by the company once dissolved;
- the liquidator investigates director conduct (including BBL use).
Administration
Administration is sometimes used where there’s a chance to rescue the company or achieve a better outcome for creditors than liquidation.
If you’re weighing up this route, it helps to understand Administration and how it interacts with creditor claims.
Company Voluntary Arrangement (CVA)
A CVA is a formal agreement between the company and its creditors to repay all or part of debts over time.
A BBL may be included in the CVA proposal, but the exact treatment depends on the creditor mix, the viability of the business, and what creditors will accept.
Dissolution (Striking Off) Without A Formal Insolvency Process
Directors sometimes consider striking off a company to “walk away”. But if the company has outstanding debts (including a BBL), striking off can be risky and may trigger creditor objections or a restoration application (so the creditor can pursue recovery through the proper channels).
If you’re closing down, you’ll want to follow a proper process - this guide on Closing A Limited Company is a helpful starting point.
Where there’s a Bounce Back Loan involved, a clean “strike off” is often not appropriate, and professional insolvency advice is usually needed.
Practical Steps For Directors If Insolvency Is On The Horizon
When you’re under pressure, it’s tempting to delay decisions. But with insolvency, delays can increase your risk - especially if you keep trading and creditor losses grow.
Here’s a practical, director-focused checklist that can help you take control early.
1) Get Clear On Your Financial Position (Not Just Your Bank Balance)
Being “out of cash” is one issue, but insolvency is broader than that. You should understand:
- your current and upcoming liabilities (loan repayments, HMRC, suppliers, rent);
- who is owed money, and how much;
- whether you can pay debts as they fall due (cash-flow test);
- whether liabilities exceed assets (balance sheet test).
If you don’t already have management accounts, now is the time to get them.
2) Stop Any “Grey Area” Payments Or Transfers
Once insolvency is likely, certain actions become high risk. For example, avoid:
- repaying connected parties ahead of other creditors;
- taking dividends if there aren’t distributable profits;
- moving assets out of the business without clear value and documentation.
If you’re unsure whether a payment is safe, pause and get advice before processing it.
3) Keep Clean Records Of How The Bounce Back Loan Was Used
If your company goes into liquidation, the liquidator may review how the BBL funds were spent.
To protect yourself, keep:
- bank statements showing incoming funds and payments out;
- invoices and receipts for expenditure funded by the loan;
- a short written explanation tying spending to business operations.
This can make the difference between a straightforward insolvency process and a disputed one.
4) Speak To An Insolvency Practitioner Early
Solicitors can help you understand your director duties and manage legal risk, but insolvency practitioners are the licensed professionals who handle formal appointments and insolvency pathways.
In many cases, early insolvency advice opens up more options (like restructuring) than leaving it until creditors are chasing and cashflow is critical.
5) Be Careful About Taking On New Credit
If the company is insolvent (or close to it), taking on new credit can be problematic, especially if there is no realistic ability to repay it.
That includes informal credit like:
- ordering stock on account;
- agreeing new long-term leases;
- entering new customer contracts you can’t fulfil.
6) Don’t Assume A “Write-Off” Is Automatically Allowed
There’s a lot of misinformation online about simply “writing off” Bounce Back Loans. The reality is more nuanced and depends heavily on the company’s circumstances and the director’s conduct (and the closure route you take).
If you’ve seen content about loan write-offs, make sure you’re relying on accurate guidance - this overview on Bounce Back Loan Write-Off is a useful reference point for what you can and can’t do.
7) Plan Your Closure Properly (So You Can Move On)
Most directors don’t want drama - you just want to close the business properly, comply with your obligations, and move forward to your next venture without surprises.
If a BBL is a key concern in your closure plans, this guide on Outstanding Bounce Back Loans can help you think through the common traps and next steps.
Handled well, an insolvency process can be the start of a clean reset. Handled poorly, it can lead to personal claims and stress that follows you for years.
Key Takeaways
- In most cases, a Bounce Back Loan taken by a limited company remains a company debt, and the lender is treated as a creditor if the company goes bust.
- The government guarantee generally protects the lender, and does not automatically make the debt “go away” for the company (or create personal liability for you).
- Directors can still face personal exposure where there has been misuse of funds, wrongful trading, fraudulent trading, or improper payments/asset transfers before insolvency.
- An overdrawn director’s loan account is a common reason liquidators pursue directors personally, even where the underlying debt (like a BBL) is a company liability.
- Choosing the right insolvency pathway (like CVL, administration, or a restructuring option) and keeping good records can make the process significantly smoother.
- If insolvency is on the horizon, getting advice early can reduce risk and help you close or restructure your business in a controlled way.
Important: This article is general information for UK company directors and isn’t legal, insolvency, or tax advice. Insolvency outcomes can be highly fact-specific, so consider getting tailored advice for your situation.
If you’d like help understanding your legal position as a director, or you want support managing business closure and risk, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.







