HomeGold creditors are poised to recover a few more pennies on
each dollar they lost when the Columbia lender went bankrupt in
March.
U.S Bankruptcy Judge Thurmond Bishop will decide today whether to
approve a bid that would provide $2 million more than expected to
repay HomeGold creditors.
But the hunt for fuller recovery will reach next into the pockets
of former directors and officers whom creditors blame for their
losses.
HomeGold’s court-appointed trustee, Ralph McCullough, plans to
sue them later this month, hoping to further close the gap between
HomeGold’s $300 million in debts and its $25 million in assets.
Credit-Based Asset Servicing and Securitization, or C-Bass, bid
$15.2 million for HomeGold’s largest asset — its stake in a mortgage
pool administered by Wachovia bank in Charlotte.
The bid was $2 million more than C-Bass’ initial bid last month,
and $9 million more than what an examiner thought it would fetch in
a fire sale. If Bishop approves the deal, the cash will change hands
Dec. 1.
While some smaller mortgage pools and other property remain to be
sold, they will not come close to recovering HomeGold’s losses. The
largest group shorted by HomeGold’s collapse was the 8,000 people
who bought $275 million in bonds through Carolina Investors
Bondholders, many of them retirees and other small investors,
sued former chairman Jack Sterling of Greenville, former president
Ronnie Sheppard of Columbia and others. The former officers and
directors have denied they are liable.
The creditor lawsuits are being withdrawn, to be replaced by
suits from McCullough’s new legal team, most of them trial lawyers
involved in the individual lawsuits.
The first skirmishes are under way. McCullough is attempting to
block the former HomeGold executives from tapping an insurance
policy that can pay up to $10 million of legal costs and
damages.
The ex-officers have said the policy was taken out to protect
them first. But McCullough said the company also has coverage under
the plan, and any money that goes to lawyers for the former
executives would be taken from investors.
“It seems inequitable and inappropriate,” McCullough said. “The
money ought to go to the creditors.”
Bishop ruled Oct. 27 that the ex-officers’ lawyers should be paid
their expenses to date from the policy — estimated at up to
$400,000. He said he would decide later whether to limit defense
costs paid from the policy.
Contact DuPlessis at (803) 771-8305 or jduplessis@thestate.com.