Another S.C. company that financed its loan business by selling
high-risk junk bonds has filed for bankruptcy protection.
The Thaxton Group of Lancaster took the action late Friday in
U.S. Bankruptcy Court in Delaware, where it is incorporated.
The company’s Chapter 11 filing listed $242 million in debts and
$206 million in assets. It said it wants to repay creditors by
staying open and selling its car loan business.
In a statement late Monday, James Thaxton, chief executive
officer, called the filing a temporary setback.
“Unlike some previous institutions, The Thaxton Group has money
in the bank to conduct our day-to-day business,” he said.
“Restructuring means planning for the future; a future where we can
serve our customers.”
At least 2,300 S.C. residents are among the 3,773 investors who
bought $120 million in junk bonds — notes offering higher-than-usual
rates of return but carrying a high risk of losing money. The
company stopped making payments to bondholders Sept. 29.
Its bankruptcy filing is the second this year among South
Carolina companies that sold junk bonds to raise money for
loans.
Columbia-based HomeGold Inc. and its Carolina Investors
subsidiary, which filed for bankruptcy in the spring with $300
million in debt, are being liquidated. Investors in HomeGold and its
subsidiary might receive 8 cents on the dollar.
Thaxton investors might lose some money, but they are likely to
get substantially more than the people who bought junk bonds from
Carolina Investors, said Robert Dunn, a Charlotte consultant hired
by Thaxton for crisis management.
Thaxton officials will ask a U.S. bankruptcy judge in Wilmington,
Del., today to prevent utilities from turning off the lights in its
offices and to keep other creditors at bay.
Those measures will let Thaxton run its loan and insurance
offices as usual while it seeks the best price possible for Tico
Credit, which the company began trying to sell in September after it
realized its losses were mounting.
Tico offers loans to credit-impaired borrowers using their cars
as collateral. The weak economy resulted in borrowers defaulting at
higher-than-expected rates, the company said.
To finance its lending operations, Thaxton borrowed money itself.
Its junk bonds paid 6.5 percent to 12 percent interest and came due
from one day to five years.
Thaxton’s bondholders are near the back of a long line to be
repaid:
• ; The bankruptcy judge will
ensure that the company’s 1,033 employees are paid first.
• ; Trade creditors also will be
paid.
• ; And proceeds from a sale of
Tico must first be used to pay off Thaxton’s senior lender, Finova
Capital Corp. of Phoenix, which is owed $110 million.
Dunn said he doesn’t know how long it will take to sell Tico. “We
hope it will only be a matter of months.”
S.C. Attorney General Henry McMaster opened a preliminary
investigation early this month to determine whether Thaxton clearly
told investors the extent of the risks of buying their junk
bonds.
McMaster did so after Thaxton officials froze trading on the
bonds, and said they would be restating second-half results from a
$1.6 million profit to an estimated loss of $100,000 to
$200,000.
That investigation is continuing, McMaster’s spokesman Trey
Walker said Monday.
McMaster is also conducting a civil and criminal investigation
into HomeGold.
Like Thaxton, Pickens-based Carolina Investors sold junk bonds to
finance the parent company’s cash needs. But Carolina Investors sold
its bonds within South Carolina, allowing it to avoid registering
the bonds with the U.S. Securities and Exchange Commission.
Thaxton’s bonds were registered with the SEC because they were
sold in several states.
Reach DuPlessis at (803) 771-8305 or jduplessis@thestate.com