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) September 16, 2004
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Heilig-Meyers Company
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(Exact name of registrant as specified in its charter)
Virginia 1-8484 54-0558861
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) file number) Identification No.)
12501 Patterson Avenue, Richmond, Virginia 23238
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (804) 784-7500
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(Former name or former address, if changed since last report
Item 8.01. OTHER EVENTS
On September 16, 2004, Heilig-Meyers Company and its wholly owned subsidiaries,
Heilig-Meyers Furniture Company, Heilig-Meyers Furniture West, Inc., HMY Star,
Inc., HMY RoomStore, Inc., and MacSaver Financial Services, Inc. (collectively
the "Companies"), and the Official Committee of Unsecured Creditors have filed
a Joint Plan of Reorganization (the "Plan") and Disclosure Statement with the
U.S. Bankruptcy Court for the Eastern District of Virginia (the "Bankruptcy
Court"). A copy of the Plan and the Disclosure Statement are attached hereto
as Exhibits 2.1 and 2.2, respectively.
On September 17, 2004, the Company issued a press release announcing the
filing of the Plan. A copy of the press release is filed as
Exhibit 99.2 to this Report on Form 8-K and is incorporated by reference herein.
Bankruptcy law does not permit solicitation of acceptances of the
Plan until the Bankruptcy Court approves the applicable Disclosure Statement
relating to the Plan as providing adequate information of a kind, and in
sufficient detail, as far as is reasonably practicable in light of the nature
and history of the debtor and the condition of the debtor's books and records,
that would enable a hypothetical reasonable investor typical of the holder of
claims or interests of the relevant class to make an informed judgment about
the Plan. Accordingly, this announcement is not intended to be, nor should it
be construed as, a solicitation for a vote on the Plan. The Plan will become
effective if and when it receives the requisite stakeholder approval and is
confirmed by the Bankruptcy Court.
Some of the statements made by the Companies in this filing and the
Exhibits are forward-looking in nature. These statements can be identified
by the use of projected and forward-looking terminology such as "believes,"
"expects," "may," "will," "should," or "anticipates" or the negative thereof
or other variations thereon or comparable terminology, or by discussions of
strategy. These statements reflect the Companies' reasonable judgments with
respect to future events and are subject to risks and uncertainties that could
cause actual results to differ materially from those in the Exhibits. Such
risks and uncertainties include, but are not limited to, the ability to
successfully complete a financial restructuring on a consensual basis with
some or all of the Companies' relevant constituents or otherwise successfully
reorganize, the customer's willingness, need and financial ability to purchase
home furnishings and related items, the ability to obtain sources of financing
for the Companies' customers, the costs and effectiveness of promotional
activities, the ability to obtain leases for new store and distribution center
locations, the ability to obtain exit financing at market rates, the ability
to lower overhead and infrastructure costs, and the ability to access sources
of merchandise on commercially reasonable terms, including imported goods.
Other factors such as changes in tax laws, consumer credit and bankruptcy
trends, recessionary or expansive trends in the Companies' markets, and
inflation rates and regulations and laws, which affect the ability to do
business in the Companies' markets, may also impact the outcome of future
events. Statements in this filing and the exhibits should be evaluated in light
of these important factors.
ITEM 9.01. FINANCIAL STATEMENTS and EXHIBITS
(a) Exhibits
EX-2.1 Debtors' Joint Plan of Reorganization dated 9/16/04.
EX-2.2 Disclosure Statement for Debtors' Joint Plan of Reorganization
dated 9/16/04.
EX-99.2 Press Release dated 9/17/04.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has caused this report to be signed on its behalf by the undersigned
thereunto duly authorized.
HEILIG-MEYERS COMPANY
Date: September 22, 2004 By: /s/Ronald L. Barden
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Ronald L. Barden
Managing Director of
Reorganization