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Ga. Sup’t. Kathy Cox files for bankruptcyTue, 11/25/2008 - 5:26pm
By: Ben Nelms
State School Superintendent Kathy Cox and her husband John, owner of Fayetteville-based Pebble Hill Homes, Inc., filed Chapter 7 bankruptcy on Nov. 17, according to information obtained by The Citizen from U.S. District Bankruptcy Court in Newnan. The couple lives in Peachtree City. Cox, a former teacher at McIntosh High School, is the highest elected school official in the state. The couple owes $3.5 million to creditors, but list only about $650,000 in assets, according to their bankruptcy filing. Most of the debt involves bank loans to John Cox’s home-building business, the court papers show. “Chapter 7 bankruptcy is sometimes called ‘liquidation’ bankruptcy — it cancels your debts, but you might have to let the bankruptcy court liquidate (sell) some of your property for the benefit of your creditors,” according to the legal publishing website Nolo.com. “On Nov. 17, after consultation with numerous attorneys, my husband and I made the difficult decision to file for bankruptcy due to losses incurred by his home building business,” Kathy Cox said in a prepared statement. “The collapse of the home-building market has been well documented, and small builders, like my husband, have been hit especially hard. This was a gut-wrenching decision, but in the end, we felt that we had no choice.” Court documents showed assets of $649,728, including $610,000 in real property assets and $39,728 in personal property. Liabilities totaled $3,518,911, including $644,631 for creditors holding secured claims, $2,871,924 for creditors holding unsecured non-priority claims and $2,357 for an unsecured priority claim for 2008 Fayette County property taxes. A large portion of the creditors holding unsecured non-priority claims were those associated with John Cox. A sampling of those claims include Bank of North Georgia at $524,000, First Horizon Construction Lending at $680,000, Capital One Bank at $61,755, Fairburn Ready Mix at $29,943 and Heritage Bank at $266,000. Kathy Cox showed gross monthly earnings of $10,860.34 and a net monthly income of $7,807.80, while John Cox showed no monthly income on the Summary of Schedules portion of the bankruptcy filing at the time the court documents were filed. The couple showed monthly expenses of $9,838.91. Bankruptcy court records showed that the Pebble Hill Homes, Inc. office on West Lanier Avenue in Fayetteville will be surrendered as part of the bankruptcy agreement. Bank of Georgia was listed as the creditor on that property. The couple’s Peachtree City home is valued at $450,000, according to court documents. They have four vehicles — a 2008 Ford F-150 pickup, a 2008 Ford Edge, a 1972 VW Beetle and a golf cart — on which they owe approximately $34,000. Included in her statement, Cox was adamant that the circumstances of the bankruptcy would not detract from her job responsibilities. “I want to be clear, however, that this filing does not affect my ability to perform the duties of my job as state superintendent of schools. It also does not, in any way, deter my commitment to the citizens of Georgia that we will provide the best education possible to this state’s 1.7 million public school students,” Cox said. “Please continue to join me in our effort to lead the nation in improving student achievement. We know that thousands of families throughout Georgia are struggling in these difficult economic times. But we all must remain committed to the future of Georgia, our children.” According to the court papers, the couple will retain their Brookhaven Drive home in Peachtree City, but will still be responsible for keeping up its mortgage payments. login to post comments |