FORM B6A (6/90)
HomeGold, Inc. Case No. 03-3864-B
In re:
(If known) Debtor
,
SCHEDULE A - REAL PROPERTY
DESCRIPTION AND LOCATION OF
PROPERTY
NATURE OF DEBTOR'S INTEREST IN PROPERTY
AMOUNT OF SECURED CLAIM CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY WITHOUT DEDUCTING ANY SECURED CLAIM OR EXEMPTION HUS B A ND, W IF E , J O INT O R CO M M UNIT Y
See Exhibit A attached (REO properties)
$ 711,276.00 $ 0.00
Total $ 711,276.00
FORM B6B (10/89)
03-3864-B
HomeGold, Inc. Case No.
In re ,
(If known) Debtor
SCHEDULE B - PERSONAL PROPERTY
TYPE OF PROPERTY
CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITH-OUT DEDUCTING ANY
SECURED CLAIM OR EXEMPTION DESCRIPTION AND LOCATION
OF PROPERTY NO NE HUS B A ND, W IF E , J O INT O R CO M M UNIT Y
Cash on hand
1. X
Checking, savings or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives.
2. Exhibit B2 attached 2,346,921.00
Security deposits with public utilities, telephone companies, landlords, and others.
3. Banks Park, LP
PO Box 85080
Richmond VA 23285-4451
7,250.00
Crown-Phoenix, LLC
3808 N. Sullivan Road Bldg N-15 Spokane WA 99216
15,625.00
DD Greenville, LLC 15 S Main St 9th Floor Suite 900
Greenville SC 29601
17,093.47
Frontstep, Inc.
2800 Corporate Exchange Drive Columbus OH 043231
11,020.00
FSP Piedmont Center, LP 37 Villa Road B-135 Greenville SC 29615
18,000.00
Highwoods/Tennessess PO Box 307310
Nashville TN 37230
8,000.00
Hub Properties Trust PO Box 54-5630 Boston MA 02284-5630
51,655.50
John E Haas PO Box 23136 Columbia SC 29224
16,518.83
North X Northwest Partners PO Box 691154
Cincinnati OH 45269-1154
15,609.38
Storage 2000 120 Northpoint Drive Lexington SC 29072
FORM B6B (10/89)
03-3864-B
HomeGold, Inc. Case No.
In re ,
(If known) Debtor
(Continuation Sheet)
SCHEDULE B - PERSONAL PROPERTY
TYPE OF PROPERTY
CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITH-OUT DEDUCTING ANY
SECURED CLAIM OR EXEMPTION DESCRIPTION AND LOCATION
OF PROPERTY NO NE HUS B A ND, W IF E , J O INT O R CO M M UNIT Y
Security deposits with public utilities, telephone companies, landlords, and others.
3. Sutton & Edwards Management
1981 Marcus Avenue Lake Success NY 11042
64,024.32
TIC Barrett Woods II, LLC 13545 Barrett Parkway Suite 330
St. Louis MO 63021
10,211.05
Household goods and furnishings, including audio, video, and computer equipment.
4. X
Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles.
5. X
Wearing apparel.
6. X
Furs and jewelry.
7. X
Firearms and sports, photographic, and other hobby equipment.
8. X
Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each.
9. X
Annuities. Itemize and name each issuer.
10. X
Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Itemize.
11. X
Stock and interests in incorporated and unincorporated businesses. Itemize.
12. Capital investment interest in EMMCO - estimated
fair value
15,170,939.00
Interests in partnerships or joint ventures. Itemize.
13. X
Government and corporate bonds and other negotiable and nonnegotiable instruments.
14. X
Accounts receivable.
FORM B6B (10/89)
03-3864-B
HomeGold, Inc. Case No.
In re ,
(If known) Debtor
(Continuation Sheet)
SCHEDULE B - PERSONAL PROPERTY
TYPE OF PROPERTY
CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITH-OUT DEDUCTING ANY
SECURED CLAIM OR EXEMPTION DESCRIPTION AND LOCATION
OF PROPERTY NO NE HUS B A ND, W IF E , J O INT O R CO M M UNIT Y
Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars.
16. X
Other liquidated debts owing debtor including tax refunds. Give particulars.
17. R-Doc Note receivable and accrued interest 8,602,538.00
Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule of Real Property.
18. X
Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust.
19. X
Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each.
20. X
Patents, copyrights, and other intellectual property. Give particulars.
21. X
Licenses, franchises, and other general intangibles. Give particulars.
22. X
Automobiles, trucks, trailers, and other vehicles and accessories.
23. X
Boats, motors, and accessories.
24. X
Aircraft and accessories.
25. X
Office equipment, furnishings, and supplies.
26. Leashold improvements, furniture, fixtures, and
equipment, net primarily located in Columbia, SC (50% of book value)
95,086.00
Machinery, fixtures, equipment and supplies used in business.
27. X
Inventory.
28. X
Animals.
29. X
Crops - growing or harvested. Give particulars.
FORM B6B (10/89)
03-3864-B
HomeGold, Inc. Case No.
In re ,
(If known) Debtor
(Continuation Sheet)
SCHEDULE B - PERSONAL PROPERTY
TYPE OF PROPERTY
CURRENT MARKET VALUE OF DEBTOR'S INTEREST IN PROPERTY, WITH-OUT DEDUCTING ANY
SECURED CLAIM OR EXEMPTION DESCRIPTION AND LOCATION
OF PROPERTY NO NE HUS B A ND, W IF E , J O INT O R CO M M UNIT Y
Farming equipment and implements.
31. X
Farm supplies, chemicals, and feed.
32. X
Other personal property of any kind not already listed. Itemize.
33. Cash in Clerk's account (Tomlin/Troy Cases) 1,869,088.24
Goodwill (unable to estimate impairment, if any) 18,001,471.00
Household Reserve Account 1,500,000.00
Impac Receivable (net of $300,000 reserve) 2,200,000.00
Prepaid expenses (rent, licenses, insurance, taxes receivable, etc. - 50% of book value)
534,557.00
Servicing asset 405,933.00
Total $55,659,740.79
(Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.)
continuation sheets attached
3
FORM B6D (6/90)
HomeGold, Inc.
In re: , Case No. 03-3864-B
SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
Check this box if debtor has no creditors holding secured claims to report on this Schedule D.CO NT IN G E NT
CREDITOR'S NAME AND MAILING ADDRESS INCLUDING ZIP CODE
DATE CLAIM WAS INCURRED, NATURE OF LIEN, AND DESCRIPTION AND MARKET
VALUE OF PROPERTY SUBJECT TO LIEN
AMOUNT OF CLAIM WITHOUT DEDUCTING VALUE OF COLLATERAL UNSECURED PORTION, IF ANY D ISPU T E D UNLIQ UIDA T E D HUS B A ND, W IF E , J O INT O R CO M M UNIT Y CO DE B T O R ACCOUNT NO. 26,499.04 1999 Amcat equipment
__________________________ VALUE: unknown
Amex Business Finance PO Box 660631
Dalas TX 75266-0631
0.00
ACCOUNT NO.
21,954.70 1999 Phone Equipment
__________________________ VALUE: unknown
Avaya Financial Services PO Box 93000
Chicago IL 60673-3000
0.00
ACCOUNT NO.
178,185.00 2000 Phone Equipment
__________________________ VALUE: unknown
NTFC Capital Corp PO Box 740428 Atlanta GA 30374-0428
0.00
ACCOUNT NO.
X X 10,000,000.00
Settlement Agreement and Release/Security Agreement and UCC-1 Financing Statement __________________________ VALUE: unknown
Tomlin/ Troy Plaintiffs c/o J Jerome Hartzell Esq Hartzell & Whiteman LLP 2626 Glenwood Ave Suite 500 Raleigh NC 27608
0.00
0 Continuation sheets attached
$10,226,638.74 $10,226,638.74
Subtotal Total
(Report total also on Summary of Schedules)
(Total of this page)
B6E (Rev.4/98)
In re: Case No.
(If known) Debtor
, 03-3864-B
HomeGold, Inc.
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E. TYPES OF PRIORITY CLAIMS
Extensions of credit in an involuntary case
Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11 U.S.C. § 507(a)(2).
(Check the appropriate box(es) below if claims in that category are listed on the attached sheets)
Wages, salaries, and commissions
Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $4,650* per person earned within 90 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in
11 U.S.C. § 507(a)(3).
Contributions to employee benefit plans
Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4).
Certain farmers and fishermen
Claims of certain farmers and fishermen, up to $4,650* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(5).
Deposits by individuals
Claims of individuals up to $2,100* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. § 507(a)(6).
Alimony, Maintenance, or Support
Claims of a spouse, former spouse, or child of the debtor for alimony, maintenance, or support, to the extent provided in 11 U.S.C. § 507(a)(7).
Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 Taxes and Certain Other Debts Owed to Governmental Units
U.S.C. § 507(a)(8).
an insured depository institution. 11 U.S.C. § 507(a)(9).
or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency,
Commitments to Maintain the Capital of an Insured Depository Institution* Amounts are subject to adjustment on April 1, 2004, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
Other Priority Debts
Continuation sheets attached 1
FORM B6E - Cont. (10/89)
Case No.
In re: ,
(If known) Debtor
03-3864-B HomeGold, Inc.
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
(Continuation Sheet)
Type of Priority: Taxes and Certain Other Debts Owed to Governmental Units
CO DE B T O R HUS B A ND, W IF E , J O IN T O R CO M M UNI T Y CO NT IN G E NT UNL IQ UI DA T E D D ISPU T E D TOTAL AMOUNT OF CLAIM AMOUNT ENTITLED TO PRIORITY CREDITOR'S NAME AND
MAILING ADDRESS INCLUDING ZIP CODE
DATE CLAIM WAS INCURRED AND CONSIDERATION
FOR CLAIM
2002 W-2 adjustments - payroll withholdings
Dept of Treasury Innsolvency Group 4 1835 Assembly Street Columbia SC 29201
49,538.00 49,538.00
ACCOUNT NO.
01/01/2002 Greenville Co Tax Collector
PO Box 368
Greenville SC 29602-0368
4,137.86 4,137.86
0200009948215
ACCOUNT NO.
01/01/2002 Lexington Co Tax Collector
212 South Lake Drive Lexington SC 29072-3499
146.85 146.85
2002-028374-109
ACCOUNT NO.
01/01/2002 Lexington Co Tax Collector
212 South Lake Drive Lexington SC 29072-3499
5,455.76 5,455.76
2002-028375-106
ACCOUNT NO.
01/01/2002 Lexington Co Tax Collector
212 South Lake Drive Lexington SC 29072-3499
43,206.33 43,206.33
2002-093327-101
ACCOUNT NO.
01/01/2002 Lexington Co Tax Collector
212 South Lake Drive Lexington SC 29072-3499
6,157.99 6,157.99
2002-093326-104
ACCOUNT NO.
2003 South Carolina State Franchise Fee
South Carolina Dept of Revenue Corporation Return
Columbia SC 29214-006
153,483.00 153,483.00 ACCOUNT NO. $262,125.79 $262,125.79 Subtotal (Total of this page) Total (Use only on last page of the completed Schedule E.)
Sheet no. 1of 1 sheets attached to Schedule of Creditors Holding Priority Claims
Case No.
In re: HomeGold, Inc. 03-3864-B
FORM B6F (Official Form 6F) - (9/97)
,
(If known) Debtor
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
Check this box if debtor has no creditors holding unsecured nonpriority claims to report on this Schedule F.
DATE CLAIM WAS INCURRED AND CONSIDERATION FOR CLAIM.
IF CLAIM IS SUBJECT TO SETOFF, SO STATE CREDITOR'S NAME AND
MAILING ADDRESS INCLUDING ZIP CODE
AMOUNT OF CLAIM CO DE B T O R HUS B A ND, W IF E , J O INT O R CO M M UNIT Y CO NT IN G E NT UNL IQ UI DA T E D D ISPU T E D 900,000.00
ACCOUNT NO. X
EMMCO LLC 113 Reed Avenue Lexington SC 29071
76,652,603.54
ACCOUNT NO.
See Exhibit F attached
Continuation sheets attached 0
Total $77,552,603.54
$77,552,603.54
Subtotal
Form B6 (6/90)
United States Bankruptcy Court
District of South Carolina
Case No.
In re HomeGold, Inc. 03-3864-B
Chapter 11
SUMMARY OF SCHEDULES
AMOUNTS SCHEDULED
NAME OF SCHEDULE ATTACHED
(YES/NO) NO. OF SHEETS ASSETS LIABILITIES OTHER
Real Property Personal Property Property Claimed Creditors Holding
Creditors Holding Unsecured Creditors Holding Unsecured Executory Contracts and
Codebtors
Current Expenditures of
Total Number of sheets
Total Assets Total Liabilities $ $ $ $ $ $ $ $ $ YES YES NO YES YES YES YES YES NO NO
as Exempt Secured Claims Priority Claims Nonpriority Claims Unexpired Leases Individual Debtor(s) Individual Debtor(s) A B C D E F G H I J
-in ALL Schedules Current Income of
1 4 1 2 1 1 1 56,371,016.79 88,041,368.07 711,276.00 55,659,740.79 10,226,638.74 262,125.79 77,552,603.54 11 0 0
Case No.
In re: HomeGold, Inc. 03-3864-B
59-3324910
DECLARATION CONCERNING DEBTOR'S SCHEDULES
DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR
(NOT APPLICABLE)
ON BEHALF OF CORPORATION OR PARTNERSHIP
DECLARATION UNDER PENALTY OF PERJURY
I, the CFO of the corporation/partnership named as debtor in this case, declare under penalty of perjury that I have read the foregoing summary and schedules, consisting of 11 sheets plus the summary page, and that they are true and correct to the best of my knowledge, information, and belief.
Date Signature
Karen Miller CFO
4/24/2003 /s/ Karen Miller
Penalty for making a false statement or concealing property. Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C §§ 152 and 3571.
United States Bankruptcy Court
District of South Carolina
HomeGold, Inc. Case No.
In re: 03-3864-B
Chapter
59-3324910 11
List of Equity Security Holders
REGISTERED NAME OF HOLDER OF SECURITYLAST KNOWN ADDRESS OR PLACE OF BUSINESS
CLASS OF
SECURITY REGISTEREDNUMBER KIND OF INTERESTREGISTERED
HomeGold Financial, Inc. 1021 Briargate Circle Columbia SC 29210
Common 100
UNITED STATES BANKRUPTCY COURT
District of South Carolina
03-3864-B Case No.
HomeGold, Inc. In re:
59-3324910 Chapter 11
STATEMENT OF FINANCIAL AFFAIRS
1. Income from employment or operation of business
None State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
AMOUNT SOURCE FISCAL YEAR PERIOD
Mortgage Loan Buisness 2001
43,186,522.00
Mortgage Loan Buisness 2002
43,033,760.00
Mortgage Loan Buisness 1/1/03 - 3/31/03
965,094.00
2. Income other than from employment or operation of business
None
State the amount of income received by the debtor other than from employment, trade,
profession, or operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
AMOUNT SOURCE FISCAL YEAR PERIOD
3. Payments to creditors
Nonea. List all payments on loans, installment purchases of goods or services, and other debts, aggregating more than $600 to any creditor, made within 90 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR PAYMENTS
DATES OF
PAID AMOUNT
STILL OWING AMOUNT
See Exhibit SFA 3(a) attached
b. List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
AND RELATIONSHIP TO DEBTOR NAME AND ADDRESS OF CREDITOR
PAYMENTS DATES OF
AMOUNT PAID STILL OWING AMOUNT
AND RELATIONSHIP TO DEBTOR NAME AND ADDRESS OF CREDITOR
PAYMENTS DATES OF
AMOUNT PAID STILL OWING AMOUNT
4. Suits and administrative proceedings, executions, garnishments and attachments
Nonea. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
AND CASE NUMBER CAPTION OF SUIT
NATURE OF PROCEEDING AND LOCATION COURT OR AGENCY
DISPOSITION STATUS OR
See Exhibt SFA 4a attached
b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
BENEFIT PROPERTY WAS SEIZED OF PERSON FOR WHOSE
SEIZURE DATE OF
PROPERTY AND VALUE OF
NAME AND ADDRESS DESCRIPTION
5. Repossessions, foreclosures and returns
None
List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
OF CREDITOR OR SELLER TRANSFER OR RETURN
FORECLOSURE SALE NAME AND ADDRESS
DATE OF REPOSSESSION,
PROPERTY AND VALUE OF DESCRIPTION
6. Assignments and receiverships
None
a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
OR SETTLEMENT ASSIGNMENT
OF ASSIGNEE
ASSIGNMENT DATE OF
NAME AND ADDRESS
TERMS OF
b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
PROPERTY ORDER
CASE TITLE & NUMBER OF CUSTODIAN
AND VALUE OF DATE OF
OF COURT NAME AND ADDRESS
DESCRIPTION NAME AND ADDRESS
7. Gifts
None
List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
OR ORGANIZATION IF ANY OF GIFT
OF PERSON TO DEBTOR, DATE
NAME AND ADDRESS RELATIONSHIP DESCRIPTION
AND VALUE OF GIFT
8. Losses
None
List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
PROPERTY AND VALUE OF DESCRIPTION
BY INSURANCE, GIVE PARTICULARS LOSS WAS COVERED IN WHOLE OR IN PART DESCRIPTION OF CIRCUMSTANCES AND, IF
LOSS DATE OF
9. Payments related to debt counseling or bankruptcy
None List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case.
OF PAYEE
NAME AND ADDRESS
OTHER THAN DEBTOR NAME OF PAYOR IF DATE OF PAYMENT,
OF PROPERTY
DESCRIPTION AND VALUE AMOUNT OF MONEY OR
C. Richard Rayburn, Jr.
Rayburn Cooper & Durham, P.A. 227 W Trade Street
Suite 1200
Charlotte NC 28202-1675
Februrary & March 2003 $75,600
Jennings L. Graves, Jr. PO Box 8600
Greenville, SC 29604
November 2002 $12,500
Moore, Kirkland & Beauston 150 North Ninth Street West Columbia SC 29169
March 2003 $20,000
Robert R. Dunn The Finley Group
Southpark Towers Suite 1220 6100 Fairview Road
Charlotte NC 28210
March 2003 $50,000
Robinson, Barton, McCarthy, Calloway... Post Office Box 12287
1715 Pickens Street Columbia, SC 29211-2287
10. Other transfers
None a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within one year
immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
AND VALUE RECEIVED DATE
RELATIONSHIP TO DEBTOR
TRANSFERRED NAME AND ADDRESS OF TRANSFEREE,
DESCRIBE PROPERTY
EMMCO
113 Reed Avenue Lexington SC
12/31/2002 See Exhibit SFA 10 attached
for details
11. Closed financial accounts
None List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts,
certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
OR CLOSING AMOUNT OF FINAL BALANCE
OF INSTITUTION
DATE OF SALE OF ACCOUNT AND
NAME AND ADDRESS
AMOUNT AND TYPE AND NUMBER
See Exhibit SFA11 attached
12. Safe deposit boxes
None
List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
IF ANY CONTENTS
TO BOX OR DEPOSITORY OTHER DEPOSITORY
OR SURRENDER, OF
OF THOSE WITH ACCESS OF BANK OR
DESCRIPTION NAMES AND ADDRESSES
NAME AND ADDRESS DATE OF TRANSFER
13. Setoffs
None
List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
SETOFF SETOFF
NAME AND ADDRESS OF CREDITOR
AMOUNT OF DATE OF
14. Property held for another person
NoneList all property owned by another person that the debtor holds or controls.
LOCATION OF PROPERTY OF PROPERTY
OF OWNER
DESCRIPTION AND VALUE NAME AND ADDRESS
15. Prior address of debtor
None If the debtor has moved within the two years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse.
DATES OF OCCUPANCY NAME USED
ADDRESS
1021 Briargate Circle Suite B
Columbia SC
HomeGold Financial, Inc. 2/02 - 7/02 & 1/03 - present
113 Reed Avenue Lexington SC
HomeGold Finanical, Inc. 5/01 - 2/02 & 7/02 -12/02
2901 Pelham Road Greenville SC
HomeGold Finanical, Inc. 12/95 - 5/01
16. Spouses and Former Spouses
None
If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the six-year period immediately preceding the commencement of the case, identify the name of the debtor 's spouse and of any former spouse who resides or resided with the debtor in the community property state.
NAME
17. Environmental Information.
For the purpose of this question, the following definitions apply:
"Environmental Law" means any federal, state or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material.
"Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites.
"Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law.
a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law.
None
ADDRESS SITE NAME AND
OF GOVERNMENTAL UNIT NAME AND ADDRESS
NOTICE
DATE OF ENVIRONMENTAL
LAW
b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice.
None
SITE NAME AND ADDRESS
NAME AND ADDRESS OF GOVERNMENTAL UNIT
DATE OF NOTICE
ENVIRONMENTAL LAW
c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number.
None
NAME AND ADDRESS OF GOVERNMENTAL UNIT
DOCKET NUMBER STATUS OR
DISPOSITION
18. Nature, location and name of business
None a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partnership, sole proprietorship, or was a self-employed professional within the six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within the six years immediately preceding the commencement of this case.
If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the business, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within the six years immediately preceding the
commencement of this case.
If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the business, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within the six years immediately preceding the
commencement of this case.
BEGINNING AND ENDING NATURE OF BUSINESS
NAME DATES
TAXPAYER
I.D. NUMBER ADDRESS
See Exhibit SFA 18 a
b. Identify any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § 101.
None
NAME ADDRESS
19. Books, records and financial statements
None a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor.
DATES SERVICES RENDERED NAME AND ADDRESS
See Exhibit SFA 19 attached
b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor.
None
DATES SERVICES RENDERED NAME AND ADDRESS
DATES SERVICES RENDERED NAME AND ADDRESS
Elliott Davis, LLP
870 S Pleasantburg Drive Greenville SC
January 2000 to October 2002
Moore, Kirkland & Beauston, LLP 150 N. Ninth Street
West Columbia SC
October 2002 to present
c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain.
None NAME ADDRESS
See Exhibit SFA 19c attached
d. List all financial institutions, creditors and other parties, including mercantile and trade
agencies, to whom a financial statement was issued within the two years immediately preceding the commencement of this case by the debtor.
None NAME AND ADDRESS DATE ISSUED
BB&T annually 1901 Assembly Street
Columbia SC
Household Financial Corporation monthly 2700 Sanders Road
Prospect Heights IL
Impac Warehouse Lending Group monthly 1401 Dove Street
Newport Beach CA
Provident Bankshares Corporation monthly 114 East Lexington Street
Baltimore MD 21202
Various other business partners and state agencies in the ordinary course of business
20. Inventories
None
a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory.
(Specify cost, market or other basis) INVENTORY SUPERVISOR
DATE OF INVENTORY
DOLLAR AMOUNT OF INVENTORY
b. List the name and address of the person having possession of the records of each of the two inventories reported in a., above.
None
OF INVENTORY RECORDS DATE OF INVENTORY
NAME AND ADDRESSES OF CUSTODIAN
21. Current Partners, Officers, Directors and Shareholders
Nonea. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.
PERCENTAGE OF INTEREST NATURE OF INTEREST
NAME AND ADDRESS
b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting securities of the corporation.
None
OF STOCK OWNERSHIP TITLE
NAME AND ADDRESS
NATURE AND PERCENTAGE
John M. Sterling 44 Harvest Court Greenville SC
12.37% voting common stockholder
Stockholder
Ronald J. Sheppard 113 Reed Avenue Lexinton SC
35.49% voting common stockholder
Stockholder
22. Former partners, officers, directors and shareholders
None
a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case.
DATE OF WITHDRAWAL ADDRESS
NAME
b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case.
None NAME AND ADDRESS TITLE DATE OF TERMINATION
David C. Gaffney 1347 K Avenue Cayce SC
08/26/2002
J. Robert Philpott, Jr. 212 S Tryon Street Charlotte NC
01/30/2003
John M. Sterling, Jr. 44 Harvest Circle Greenville SC
03/20/2003
Kevin G. Martin 521 Aspen Glade Ct Lexington SC
08/29/2002
Paul Banninger 113 Reed Ave Lexington SC
11/19/2002
Ronald J. Sheppard 113 Reed Ave Lexington SC
11/19/2002
Tecumseh Hooper, Jr. 1003 Laurens Road Ste 101 Greenville SC
DATE OF TERMINATION TITLE
NAME AND ADDRESS
Tobe C. B. Childers 4926 Mullens Ford Road Charlotte NC
04/23/2002
23. Withdrawals from a partnership or distributions by a corporation
None If the debtor is a partnership or corporation, list all withdrawals or distributions credited or givento an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case.
AND VALUE OF PROPERTY OF WITHDRAWAL
RELATIONSHIP TO DEBTOR
OR DESCRIPTION DATE AND PURPOSE
OF RECIPIENT,
AMOUNT OF MONEY NAME & ADDRESS
David C. Gaffney 1347 K Avenue Cayce, SC
EVP - General Counsel
Prior 12 months $73,968
Forrest E. Ferrell 212 Tillman Street Lexington, SC President
Prior 12 months $358,923
John M. Sterling, Sr. 44 Harvest Ct Greenville SC Officer
Prior 12 months $159,615
Karen A. Miller 100 Maritime Trail Lexington, SC EVP - CAO
Prior 12 months $244,231
Kevin G. Martin 521 Aspen Glade Court Lexington, SC
EVP-CFO
Prior 12 months $75,538
Paul Banninger 1485 Granary Road Blue Bell, PA
Prior 12 months $372,885
Ronald J. Sheppard, CEO 125 Belle Chase Drive Lexington SC
CEO
Prior 12 months $1,534,615
Tony L. Park 11 Ruffian Way Greenville, SC
Prior 12 months $134,615
24. Tax Consolidation Group.
None If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated group for tax purposes of which the debtor has been a member at any time within the six -year period immediately preceding the commencement of the case.
NAME OF PARENT CORPORATION TAXPAYER IDENTIFICATION NUMBER
25. Pension Funds.
None
If the debtor is not an individual, list the name and federal taxpayer identification number of any pension fund to which the debtor, as an employer, has been responsible for contributing at any time within the six-year period immediately preceding the commencement of the case.
NAME OF PENSION FUND TAXPAYER IDENTIFICATION NUMBER
* * * * * *
[If completed on behalf of a partnership or corporation]I, declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct to the best of my knowledge, information and belief.
Date
4/24/2003 Signature
Print Name and Title
Karen Miller, CFO /s/ Karen Miller
UNITED STATES BANKRUPTCY COURT
District of South Carolina
Chapter Case No.
11
In re: HomeGold, Inc.
59-3324910
03-3864-B
Debtor
DISCLOSURE OF COMPENSATION OF ATTORNEY
FOR DEBTOR
1. Pursuant to 11 U.S.C. § 329(a) and Bankruptcy Rule 2016(b), I certify that I am the attorney for the above-named debtor(s) and that compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be
paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows:
Other (specify) Debtor
$ Balance Due $ Prior to the filing of this statement I have received$ For legal services, I have agreed to accept
0.00 2. The source of compensation paid to me was:
50,000.00 50,000.00
3. The source of compensation to be paid to me is:
Debtor Other (specify)4. I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates
of my law firm.
I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A copy of the agreement, together with a list of the names of the people sharing in the compensation, is
attached.
5. In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:
Analysis of the debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy;
a)
Preparation and filing of any petition, schedules, statement of affairs, and plan which may be required; b)
Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof; c)
Representation of the debtor in adversary proceedings and other contested bankruptcy matters; d)
[Other provisions as needed] e)
None
6. By agreement with the debtor(s) the above disclosed fee does not include the following services: None
W E Calloway, Bar No. 25 Dated:
representation of the debtor(s) in this bankruptcy proceeding.
I certify that the foregoing is a complete statement of any agreement or arrangement for payment to me for CERTIFICATION
Attorney for Debtor(s)
Robinson, Barton, McCarthy, Calloway... /s/W. E. Calloway