-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, C/P6h9Kv1WLDnB7VDlSUe7m3TX2gr+0L4zQW3v8VXILOZ0GpEvKoe4k5CRok+5Ap jb9U0gQXJW8ngtIY1baC/g== /in/edgar/work/20000622/0000912057-00-029416/0000912057-00-029416.txt : 20000920 0000912057-00-029416.hdr.sgml : 20000920 ACCESSION NUMBER: 0000912057-00-029416 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20000615 ITEM INFORMATION: ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 20000622 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FLOORING AMERICA INC CENTRAL INDEX KEY: 0000910468 STANDARD INDUSTRIAL CLASSIFICATION: [5700 ] IRS NUMBER: 582060334 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-13099 FILM NUMBER: 659111 BUSINESS ADDRESS: STREET 1: 210 TOWNPARK DR CITY: KENNESAW STATE: GA ZIP: 30144 BUSINESS PHONE: 6783554000 MAIL ADDRESS: STREET 1: 210 TOWNPARK DRIVE CITY: KENNESAW STATE: GA ZIP: 30144 FORMER COMPANY: FORMER CONFORMED NAME: MAXIM GROUP INC / DATE OF NAME CHANGE: 19950825 8-K 1 a8-k.txt 8-K SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ----------------- FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 ----------------- DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): JUNE 15, 2000 FLOORING AMERICA, INC. (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) ----------------- DELAWARE 1-13099 58-2060334 (STATE OR OTHER JURISDICTION OF (COMMISSION FILE NUMBER) (I.R.S. EMPLOYER INCORPORATION OR ORGANIZATION) IDENTIFICATION NO.) 210 TOWNPARK DRIVE KENNESAW, GEORGIA 30144 (678) 355-4000 (ADDRESS, INCLUDING ZIP CODE, AND TELEPHONE NUMBER, INCLUDING AREA CODE, OF REGISTRANT'S PRINCIPAL EXECUTIVE OFFICES) ----------------- - -------------------------------------------------------------------------------- - -------------------------------------------------------------------------------- ITEM 3. BANKRUPTCY OR RECEIVERSHIP On June 15, 2000, Flooring America, Inc. (the "Company") filed a Petition for Reorganization under Chapter 11 with the United States Bankruptcy Court for the Northern District of Georgia, Atlanta Division (the "Court") in IN RE: FLOORING AMERICA, INC., Case No. 00-68370. Petitions for reorganization have also been filed with the Court by all of the Company's operating subsidiaries: Advance Floor Decorations, Inc., a Michigan corporation, Bailey & Roberts CarpetMax of Tennessee, Inc., a Tennessee corporation, Flooring America Franchising, L.P., a Georgia limited partnership, C&S Textiles, Inc, an Idaho corporation, CarpetMAX Retail Stores, Inc., a Delaware corporation, CarpetMAX of Utah, Inc., a Utah corporation, CarpetsPlus of America, Inc., a Georgia corporation, Colorado Carpet & Rugs, Inc., a Colorado corporation, Everythingdecor, Inc., a Georgia corporation, Floor Source Distributors, Inc., a Georgia corporation, 4 Floors, Inc., an Ohio corporation, GCO Carpet Outlet, Inc., an Alabama corporation, GCO, Inc., a Nevada corporation, Investor Management, Inc., an Alabama corporation, Karen's Inc., a Michigan corporation, Manasota Carpet, Inc., a Florida corporation, Maxim Equipment Leasing Company, Inc., a Georgia corporation, Maxim Industries, Inc., a Delaware corporation, Maxim Retail Group, Inc., a Georgia corporation, Maxim Retail Stores, Inc., a Georgia corporation, Tri-R of Orlando, Inc., a Georgia corporation and Wadsworth & Owens Decorating Center, Inc., a Florida corporation. A Plan of Reorganization (the "Plan") has not yet been filed with the Bankruptcy Court. Once the Plan is filed, it will be subject to numerous conditions and no assurance can be given that the restructuring provided for in the Plan or any other restructuring will be finalized or that any restructuring which is completed will not be on terms materially different from those contained in the Plan. ITEM 5. OTHER EVENTS Separately, the Company announced that it had been informed by the New York Stock Exchange that the Exchange had suspended trading in the Company's Common Stock and its 9% Senior Subordinated Notes Due 2007 pending further review. Certain statements contained in this notification are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, such as statements relating to plans for future business activities, and are thus prospective. Such forward-looking statements are subject to risks, uncertainties and other factors which could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. Potential risks and uncertainties include, but are not limited to, economic conditions, competition and other uncertainties detailed from time to time in the Company's Securities and Exchange Commission filings. ITEM 7. EXHIBITS (C) 99.1 Press Release dated June 15, 2000 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. FLOORING AMERICA, INC. Date: June 22, 2000 By: /s/ Stephen P. Coburn ------------------------------------ Its: Executive Vice President ------------------------------------ EX-99.1 2 ex-99_1.txt EXHIBIT 99.1 EXHIBIT 99.1 Contact: Glen Jackson/Brian Brodrick (404) 724-2505/2513 Jackson Spalding FLOORING AMERICA FILES FOR CHAPTER 11 FILING PROVIDES FLEXIBILITY AND TIME TO PLAN FOR FUTURE ATLANTA, June 15 - Flooring America, Inc. (NYSE:FRA) today filed a petition for reorganization under Chapter 11 with the United States Bankruptcy Court for the Northern District of Georgia, Atlanta Division. According to Chairman and CEO David Nichols, the filing was a necessary first step in the company's reorganization plans. "The filing is the right strategic move for us at this point in our rebuilding process," said Nichols. "It provides us the flexibility and breathing room necessary to begin implementing our reorganization plan." Today Nichols appointed Michael Cherico president of both Flooring America and GCO Carpet Outlet (GCO). Cherico was previously president of GCO, Inc., a large franchise of Flooring America, and was instrumental in leading GCO's business turnaround the last three years. Cherico has extensive franchise and retail experience. Nichols will remain as chairman and CEO of Flooring America. "Under Mike Cherico's leadership, our vision at Flooring America is to have the premier franchise system in our industry," said Nichols. "We are all striving to have a company that will be lean and mean and profitable. We took the first step is this intense effort today. All in all, we believe we can turn the company around. It will take enormous effort, but we can do it." According to Nichols, Ron Dunn will continue as president of Carpets Plus. Nichols said Flooring America will lay off a significant number of its staff of 300 at the corporate headquarters in Kennesaw. Petitions also have been filed with the court by all of the company's operating subsidiaries. Statements included in this press release that are not historical in nature, are intended to be, and are hereby identified as "forward looking statements" for the purposes of the safe harbor provided by Section 21 of the Securities and Exchange Act of 1934. Flooring America cautions readers that actual results or events may differ from those indicated in forward-looking statements. -more- -2- Headquartered in the Atlanta suburb of Kennesaw, Flooring America, Inc. is the nation's largest dedicated retailer of floor covering. Flooring America's stores offer a complete selection of carpet, ceramic tile, hardwood, vinyl and resilient surfaces from the industry's leading manufacturers. Flooring America's retail network includes more than 1,000 locations including 281 company-owned stores. Flooring America's common shares are traded on the New York Stock Exchange under the symbol "FRA". ### -----END PRIVACY-ENHANCED MESSAGE-----