Ga. Sup’t. Kathy Cox files for bankruptcy

Tue, 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.

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Sexy Guy's picture
Submitted by Sexy Guy on Sun, 11/30/2008 - 8:27pm.

Looks like they might actually need to buy used vehicles. Oh the humility.

Too sexy for my hair


Submitted by BOLO on Wed, 11/26/2008 - 11:17pm.

Chapter 7 is a complete liquidation. Secured creditors get their stuff back and unsecured creditors get what little is left over and lose what they lose. Kathy and husband walk away scott free. It's over in a matter of a couple of months for them while the unsecureds are left holding the bag.

At least with a Chapter 13 they'd have to pay back some of the unsecured debt (like the local concrete business) over 7 years. But she's taking the easy route. I realize that people get in tight spots but this is just wrong.

So, do you think Kathy might show she actually learned something from this by including financial literacy in our State wide school curriculum? Somehow, I doubt it.

redrooster's picture
Submitted by redrooster on Sun, 11/30/2008 - 9:29am.

I have to agree with BOLO, Instead of teaching our kids how to protect themselves if you have same sex sexual activity, teach them how to balance a checkbook ans save for the future of course my 201K isn't a very good example but thats another topic.

Now as for the Cox's it is unfortunate and you people that are just one paycheck away from being in financial dire straits don't be to quick to judge anyone's misfortunes. Folks it hasn't begun to get bad, we're in for a rough ride in the very near future and beyond...


diva's picture
Submitted by diva on Sun, 11/30/2008 - 10:02am.

I would kill for a 201! Our plan got replaced with IOUs a long time ago, and now the company managing them isn't taking our calls Shocked


Submitted by realdeal on Thu, 11/27/2008 - 6:47am.

Chapter 13 is for personal debt. Looks to me like most of the debt was business related. Chapter 11 is for business reorganization if the business has an income stream to pay the debt. But it appears the business had no income stream to pay the debt. I'm guessing this is why they filed Chapter 7. Don't be so quick to judge people when you don't know all the facts.

Submitted by BOLO on Thu, 11/27/2008 - 11:14am.

What you're basically saying is that Mr. and Mrs. Cox put their personal debts under their business. That's just a shameless way to stiff your creditors by saying, "Oh, those were business debts" while preserving personal assets so you can live well.

If there had been some tragic illness, I could understand. If there had been some family catastrophe, I could understand. Those reasons are why we even have bankruptcy relief and not debtors' prison.

This was just poor business management and working the bankruptcy system to their benefit. How many half-built homes were left in the wake of this? How many neighborhoods were left with a barely-begun subdivision that will now sit as an eyesore, rapidly reducing home values? You don't sound very sympathetic to those situations or the small-business creditors (who really suffer in these situations).

Again, I'm sorry the business fizzled but don't be so quick to assume that this isn't a case of gaming the system. People use bankruptcy as a tool to maintain a lifestyle; there's no reason to believe that it isn't possible in this case.

Submitted by upsetalso on Wed, 11/26/2008 - 6:53pm.

I know that times are tough. I think everyone has had to make sacrifices during these times. The 1 issue that totally blows me away is her proudly giving away 1 million dollars to charity and enjoying all that press. She and her husband knew all along they were preparing to stick it to the banking system that had given them a chance. That really turns my stomach. Why didn't they have an estate sale also, sell everything, and donate that to charity. God forbid you actually take all necessary steps to pay for legitimate debt you incurred. I feel sympathy for anyone who has to filed for bankruptcy who knows I may be next. The bottom line is way they handled it is just WRONG!!

zoes's picture
Submitted by zoes on Wed, 11/26/2008 - 11:29am.

They are 2k short a month to meet their expenses. Why isn't Mr. Cox working? Any other family would be working whatever job they could get and part time after that. Many people are selling vehicles they can't afford. Savings? Shouldn't they have a substantial emergency fund with the income and expenses they have? It looks to me as if they were unwilling to change their lifestyle at all and bailed on their commitments to their debts instead. Not acceptable.

ZoeS

"Never love anything that can't love you back."


Submitted by doi-it-to-me-on... on Wed, 11/26/2008 - 1:16pm.

What happens when you give a lumber salesman turned builder and a school teacher turned government official 2.9 million dollars in unsecured debt. Answer bankrupcy - this is why America is the way it is today. Also I am sure the 2008 vehicles were purchased knowing bankrupcy was on the way - 7 years with no credit they will be driving them for a while - another judgement error - Will a Ford last 7 years?

Submitted by forteiii on Wed, 11/26/2008 - 7:18am.

Perhaps Kathy is not smarter than a 5th Grader. It does not require much "smarts" to figure out that she could have taken the money that she won on a game show, paid her taxes, paid off some debt, and began servicing the rest of her debt. The BK was not necessary... "smarten up". She should have told the schools that she was donating the money to that "I'm sorry about your luck, but charity starts at home".... literally!

Submitted by Nitpickers on Wed, 11/26/2008 - 8:24pm.

You don't get it! You just don't understand anyone giving away substantial money! I suspect you would have kept the winnings and not paid the banks either one! I don't think she could keep it due to contract to give it away by the TV show!

Anyway, think a little, will you?
The one million would not have paid 15%. after taxes, of their debts!
They would still have filed bankruptcy!
It was just a thumbing of their nose at the banks and others they owed.
Afraid that is the mentality of today's leaders. It has got to change.

Submitted by jgirl2000 on Wed, 11/26/2008 - 12:27am.

I find it disgraceful how the writer appears to find so much glee for this particular topic. Is it really necsesary to go into so many personal details? Even though Cathy Cox Holds a public office, I would think that during these hard times people would have a bit more compassion.

As a matter of fact, I'm glad Mrs. Cox had already pledged her winnings to further help disabled children. I don't know about you, but I would much rather see the monies go to needful children then in the hands of greedy banks, fighting over every last scrap.

In these hard times, we should be sticking together, not going out of our way to point out those who have fallen into a difficult situation. Just imagine that you and your family were the subject of such an article. How can anyone judge until they have walked in the same shoes?

I say shame on you! Everyone talks of "Christian Values", yet I rarely see it in action. Are we not better people then this? Or maybe I'm just to idealistic.

Submitted by realdeal on Wed, 11/26/2008 - 7:37pm.

You said it, J-girl! I happen to live in one of the homes that John Cox built, and I can personally attest to John's integrity, his honesty, and the pride with which he built his homes. He bent over backwards to make sure we were happy with the quality of everything that went into our custom-built home, and he was very cautious and frugal when I wanted to go above the budget we had originally set. Knowing how he runs his business, I am confident his declaring bankruptcy had nothing to do with anything other than this awful economy. How many builders do you know these days who have fallen on hard times? Just about all of them! Give these people a break! My gosh, Kathy Cox could have bailed herself out with a million dollars and yet chose to donate the money to charity! I can't think of two people of finer character than John & Kathy Cox. You who are so quick to attack should be ashamed of yourselves! And that goes for the media as well!

Submitted by Nitpickers on Wed, 11/26/2008 - 9:12pm.

Does it not matter to you that she may have had nothing to do with being required to donate the money, or that she preferred to NOT pay her bills and give it away instead?

She knew that they were broke when the "donation" was made.

Character is proven by debt paying, meeting obligations, and a lack of pretense, not society prominence.
There will be many others going broke, but not so many avoiding payment while still spending like crazy.

Submitted by realdeal on Thu, 11/27/2008 - 7:50am.

And how do you know all these things that you are stating as facts? There but for the grace of God go any of us. I hope that if you or any member of your family find yourself in a similar circumstance, that you will be shown more compassion than you have shown others.

Submitted by Bonkers on Thu, 11/27/2008 - 8:48am.

If you know for a fact something different than what I said, then please state it! Many have had opportunities to over-borrow and try to get rich, but didn't. They had that right but why is pity necessary when they fail due to bad judgement? I don't buy that everyone has a chance to go broke unless God stops it!
They are still alive, even Don Trump has gone broke more than once!!
He didn't pay his bills either.

I'm not talking about this person anyway, I'm commenting on the current lifestyle is what got the nation in such dire straights.
No frugality, no meekness, living on excess credit, overbuying everything, not knowing their business, cutting things off before out of control.

Submitted by HankyPanky on Thu, 11/27/2008 - 3:20pm.

I was building homes and subdivisions during the boom period from 1998-2006. By 2004, it was obvious to me that irrational exuberance had taken over the real estate market. So I sold all my real estate investments in expectation of a market collapse and told everyone I knew to do the same. No one listened. By 2006, I was sold out. Then, I took the proceeds and paid off my home mortgage, car loan, credit cards and all other debts. I stayed out of the market for 2 years, waiting for the bubble to burst. So your statement that John Cox just was a victim of the down market defies common sense. When my property values doubled in a few years, and other people were buying homes one day and flipping for a profit in a few months, it was obvious that the end was near. The same thing happened in the 1920’s, 60’s & 70’s. Bonkers & Nitpickers are right also.

Cyclist's picture
Submitted by Cyclist on Thu, 11/27/2008 - 8:20am.

Well because he has been blogging since about 1930 and has seen this before. Smiling
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


Submitted by PreciousStahr on Wed, 11/26/2008 - 12:44pm.

jgirl2000 you really tug my heartstring....ya, I'm really upset about Kathy Cox I've been crying all day. (tongueincheek).

mapleleaf's picture
Submitted by mapleleaf on Wed, 11/26/2008 - 12:23pm.

Spare us the drama, jgirl. The Citizen is not telling us anything we couldn't already read in the Atlanta Journal Constitution's front page article last Sunday.


Submitted by PreciousStahr on Wed, 11/26/2008 - 12:49pm.

jgirl2000 reminds me of snell/shaquita. Always wanted us to try on their shoes.

suggarfoot's picture
Submitted by suggarfoot on Tue, 11/25/2008 - 7:09pm.

First, to me, that is ..a lot of money...but since it is my understanding, they don't pay social security etc...what is this 3,000. a month for?

But to the point, it seems that a lot of people are left holding the bag.

If she were making a poor person salary, and could barely make ends meet, I could understand this, but if I was making $10,000.00 a month? I would feel like the belle of the ball! But, if I couldn't ...live off that?.....shame on me!

There are so many with far less ...who..HAVE... to make it work...they have no choice.

This is one of many, reasons I was opposed to SPLOST...

A lot of good people in Fayette county, are struggling, and we are suppose to fork over MORE money to be used at the discretion of people who can't live off $10,000. a month?

This isn't about wanting the best for your kids, this is about stupidity!


Submitted by PTC4LIFE on Tue, 11/25/2008 - 10:58pm.

You obviously have never owned your own business. You do not think home builders have been hit hard by the downturn in the economy? Ohh, I know, the evil builders and developers...

This is AMERICA, a country where people take chances in business to try and have the AMERICAN dream. I do not know the specifics of this builder and how good of a home they built, but I can assure you many very good buliders are in very big trouble.

This has nothing to do with her job with the state and is really a shame the paper thinks this is news. I would be one thing to report that she filed, but to put the details of her filing out there is pretty low.

I expect nothing less from Cal Beverly. God forbid, you ever fall on hard times.

Submitted by BigMoneyC on Tue, 11/25/2008 - 8:14pm.

She should resign immediately and focus her efforts on selling the two 2008 vehicles that she owns. Blaming a failed business on the economy is getting old. I don't know Mrs. Cox and I thought it was a nice gesture at the time when she gave her winnings away. I bet the folks at these banks that are owed this massive amount of money wish she would have paid her obligations first. Now it is left to those who work two jobs and are trying to do the right thing that are responsible to bail someone else out. It's getting old!

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