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) November 17, 2000
------------------
Empire of Carolina, Inc.
------------------------
(Exact name of registrant as specified in its charter)
Delaware
--------
(State or other jurisdiction of incorporation)
1-7909 13-2999480
------ ----------
(Commission File Number) (IRS Employer Identification No.)
4731 West Atlantic Avenue, Suite B-1, Delray Beach, FL 33445
------------------------------------------------------------
(Address of principal executive offices, including Zip Code)
Registrant's telephone number, including area code (561) 498-4000
-----------------------------
--------------------------------------------------------------------------------
(Former name or former address, if changed since last report)
<PAGE>
Item 3. Bankruptcy or Receivership.
On November 16, 2000, Empire of Carolina, Inc. and Empire Industries,
Inc., its wholly-owned subsidiaries (collectively the "Company") filed voluntary
petitions of protection and reorganization under Chapter 11 of the Federal
Bankruptcy Code (the "Petitions") in the United States Bankruptcy Court for the
Southern District of Florida, West Palm Beach Division, Case Nos.
00-35179-BKC-PGH and 00-35180-BKC-PGH. The Company will operate under the
protection of the United States Bankruptcy Code as a debtor-in-possession. The
Company will remain in possession of its assets and properties, and its business
and affairs will continue to be managed by its directors and officers, subject
in each case to the supervision of the Bankruptcy Court. In connection with the
filing, the Company issued a Press Release dated November 17, 2000, which is
attached hereto as Exhibit 99.1.
Item 5. Other Events
On November 17, 2000, upon notification that the Company intended to
file the Petitions, AMEX advised the Company that it had suspended trading of
the Company's common stock, Series A Preferred Stock and warrants until such
time as it could evaluate the Company's continued listing. If Amex determines
not to reinstate its listing , we believe that the Company's common stock,
Series A preferred stock and warrants will trade on the Over the Counter
Bulletin Board.
At a meeting of the Board of Directors held on November 17, 2000,
Timothy Moran resigned as Chairman of the Board of Directors and a director,
effective at 5:00 p.m. on November 20, 2000. Mr. Moran will remain as acting
Chief Executive Officer. Frederick W. Rosenbauer, Jr. was elected by the Board
as the new Chairman of the Board of Directors.
Item 7. Financial Statements, Pro Forma Financials and Exhibits
(c) Exhibits
Exhibit Number Description
-------------- -----------
99.1 Press Release dated November 17, 2000
<PAGE>
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 thereunto duly authorized.
EMPIRE OF CAROLINA, INC.
By: /s/Timothy Moran
-------------------------------------
Timothy Moran, Chairman of the Board,
Dated: November 20, 2000. President and Chief Executive Officer
