ROCK HILL, S.C. - A class-action suit has been
filed against accountants, lawyers and lenders of a Pageland
investment company being investigated by the state.
The Thaxton Group filed for bankruptcy last month, owing more
than $120 million to about 3,800 investors. The suit filed Tuesday
in Anderson County on behalf of two investors seeks to collect debt
for anyone who bought securities from Thaxton or its affiliates.
"The South Carolina residents that I represent feel they should
not have bought these notes if the company was not in a position to
pay them back," said Rock Hill attorney Randall Hood. His firm
McGowan and Hood helped file the suit.
The suit names as defendants Finova Capital Corp., Thaxton's
largest lender; Charlotte law firm Moore and Van Allen; and the
Raleigh, N.C., office of accounting firm, Cherry Bekaert and
Holland. Officials with the companies dismissed the lawsuit's
claims.
The Thaxton Group is not a defendant in the case because civil
suits cannot be filed against companies in bankruptcy, Hood
said.
The suit claims Finova pressured Thaxton into selling securities
to help pay off its debt to the lending company, leaving Thaxton
unable to repay money owed to investors.
Finova loaned money to Thaxton in the late 1990s to help pay for
Thaxton's expansion, the lawsuit said. But when Finova filed for
bankruptcy in 2001, it wanted to collect on its debts as quickly as
possible, court papers said. Thaxton owes Finova about $110 million,
according to bankruptcy court papers.
The lending company continued to pressure Thaxton even as "it
became evident or should have become evident that there were
problems with The Thaxton Group as an ongoing entity," the suit
says.
Attorneys for Moore and Van Allen helped Thaxton sell notes to
investors, but failed to monitor the financial condition of the
investment company and were negligent in other areas, the suit
claims.
The law firm said it is confident its attorneys can prove the
claims wrong. "We believe our legal work fully complied with legal
and professional standards," the firm said in a statement.
The suit also finds fault with Thaxton accountants, who it says
gave financial statements that were misleading and "omitted salient
facts." Cherry Bekaert & Holland plans to deny liability, said
Paul Childress, an attorney for the Virginia-based accounting
firm.
Thaxton stopped selling notes in September after revealing that
the company showed a profit in recent financial statements when it
should have showed a loss. The company reported a profit of $1.6
million for the first quarter, when it actually lost up to $200,000
in the first half of the year, the state attorney general's office
has said.
Thaxton, founded in 1950 in Pageland, has more than 50 offices
around the nation dealing with auto loans, auto insurance and
investments. It has offices in Kershaw, Lancaster and Camden and its
Tico subsidiary has five offices in the Pee Dee.
Information from: The
Herald