HEILIG MEYERS CO
NT 10-Q, 2000-10-17
FURNITURE STORES
Previous: OPPENHEIMER CAPITAL INCOME FUND, 485APOS, EX-1, 2000-10-17
Next: AAROW ENVIRONMENTAL GROUP INC, 3, 2000-10-17



                                  UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                  FORM 12b - 25

                           NOTIFICATION OF LATE FILING

(Check One):  [ ] 10-K  [ ] Form 20-F   [ ] Form 11-K  [X] Form 10-Q   [ ] N-SAR

                        For Period Ended: August 31, 2000
                                         ----------------

                       [ ] Transition Report on Form 10-K
                       [ ] Transition Report on Form 20-F
                       [ ] Transition Report on Form 11-K
                       [ ] Transition Report on Form 10-Q
                       [ [ Transition Report on Form N-SAR
             For the Transition Period Ended: ______________________

--------------------------------------------------------------------------------
Please Print or Type
NOTHING  IN THIS  FORM  SHALL BE  CONSTRUED  TO IMPLY  THAT THE  COMMISSION  HAS
VERIFIED ANY INFORMATION CONTAINED HEREIN.
--------------------------------------------------------------------------------

If the notification  relates to a portion of the filing checked above,  identify
the item(s) to which the notification relates:
------------------------------------------------------------------------
Part I -- REGISTRANT INFORMATION

Heilig-Meyers Company
------------------------------------------------------------------------
Full Name of Registrant

N/A
------------------------------------------------------------------------
Former Name if Applicable

12560 West Creek Parkway
------------------------------------------------------------------------
Address of Principal Executive Officer (Street and Number)

Richmond, VA  23238
------------------------------------------------------------------------
City, State and Zip Code

<PAGE>
                        Part II -- RULES 12b-25(b)AND (c)

If the subject report could not be filed without  unreasonable effort or expense
and the registrant seeks relief pursuant to Rule 12b-25(b), the following should
be completed. (Check box if appropriate)

   |      (a)  The reasons  described in  reasonable  detail in Part III of this
   |           form  could  not be  eliminated  without  unreasonable  effort or
   |           expense;
   |      (b)  The subject annual report,  semi-annual report, transition report
   |           on Form 10-K, Form 20-F,  11-K, Form N- SAR, or portion  thereof,
[ ]|           will be filed on or before the  fifteenth  calendar day following
   |           the  prescribed  due date;  or the  subject  quarterly  report of
   |           transition  report on Form 10-Q, or portion thereof will be filed
   |           on or before the fifth  calendar day following the prescribed due
   |           date; and
   |      (c)  The  accountant's  statement  or other  exhibit  required by Rule
   |           12b-25(c) has been attached if applicable.

                              PART III -- NARRATIVE

State below in  reasonable  detail the reasons  why the Form 10-K,  11-K,  10-Q,
N-SAR, or the transition  report or portion  thereof,  could not be filed within
the prescribed time period.

         As previously disclosed, Heilig-Meyers Company, a Virginia corporation,
and certain of its subsidiaries (collectively,  the "Company"),  filed voluntary
petitions  for  reorganization  under  Chapter 11, Title 11 of the United States
Code  (the  "Bankruptcy  Code")  on  August  16,  2000  with the  United  States
Bankruptcy Court for the Eastern District of Virginia in Richmond, Virginia (the
"Bankruptcy Court"). The Company is in possession of its assets, and manages and
operates its businesses as debtor-in possession under the Bankruptcy Code.

         Since the petitions  were filed on August 16, 2000,  the accounting and
financial  staff have been required to dedicate  substantial  amounts of time to
the  reorganization  process  and  related  tasks.  These  tasks  have  included
preparing Company schedules,  statements of financial affairs and list of equity
holders which must be filed with the  Bankruptcy  Court on or before October 30,
2000 and responding to various requests for information from interested  parties
in the bankruptcy case such as pre-petition and  post-petition  secured lenders,
the  Official  Committee of Unsecured  Creditors  and the Official  Committee of
Equity  Holders.  The Company has also  experienced a reduction in the personnel
who are critical to the  preparation of the Company's  financial  statements and
the information  required in the Company's Quarterly Report on Form 10-Q for the
quarter ended August 31, 2000 (the "Form 10-Q"). In addition,  the review by the
Company's  independent public accountants of the interim financial statements to
be  included in the Form 10-Q has been  delayed  because the period to object to
the  application  to  approve  retention  of the  Company's  independent  public
accountants  did not expire until October 16, 2000. As a result of the increased
burdens on, and changes in, the Company's  accounting  and financial  staff,  as
well as the delay in the review by the Company's independent public accountants,
the Company is unable to timely file the Form 10-Q without  unreasonable  effort
or expense.

                          PART IV -- OTHER INFORMATION

(1)  Name  and  telephone  number  of  person  to  contact  in  regard  to  this
notification.

Paige H. Wilson                                      (804) 784-7500
--------------------------------------       ----------------------------------
        (Name)                                 (Area Code and Telephone Number)

<PAGE>


(2)  Have all other periodic  reports  required under Section 13 or 15(d) of the
     Securities Exchange Act of 1934 or Section 30 of the Investment Company Act
     of 1940 during the preceding 12 months or for such shorter  period that the
     registrant was required to file such reports) been filed?  If answer is no,
     identify report(s).                                         [X] Yes [ ] No

(3)  Is it anticipated that any significant change in results of operations from
     the corresponding  period for the last fiscal year will be reflected by the
     earnings  statements  to be  included  in the  subject  report  or  portion
     thereof?                                                    [X] Yes [ ] No

     If so, attach an explanation of the anticipated  change,  both  narratively
     and quantitatively, and, if appropriate, state the reasons why a reasonable
     estimate of the results cannot be made.

     The Company  expects that the results of  operations  for the quarter ended
     August 31,  2000 will show a  significant  decline  from the  corresponding
     quarter  for  the  last  fiscal  year.  The  Company  is  unable  to make a
     reasonable  estimate of the results at this time  because it is  completing
     its analysis of the  appropriate  charges to be reflected in its results of
     operations  for the quarter ended August 31, 2000 as a result of filing for
     bankruptcy  protection  and related  matters,  including the closing of 302
     stores and the replacement of its in-house  installment credit program with
     third party credit providers.

--------------------------------------------------------------------------------

                              Heilig-Meyers Company
        ----------------------------------------------------------------
                  (Name of Registrant as Specified in Charter)

has  caused  this  notification  to be signed on its  behalf by the  undersigned
hereunto duly authorized.

Date:    October 17, 2000          By:  s/Paige H. Wilson
                                        ------------------------------------
                                        Paige H. Wilson
                                        Executive Vice President and Chief
                                         Financial Officer


© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission