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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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): October 31, 2001
PHOENIX RESTAURANT GROUP, INC.
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(Exact name of registrant as specified in its charter)
Georgia 1-13226 58-1861457
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(State or other jurisdiction (Commission File No.) (I.R.S. Employer
of incorporation) Identification No.)
1210 Briarville Road, Madison, TN 37115
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (615) 277-1234
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ITEM 3. BANKRUPTCY OR RECEIVERSHIP.
Certain of the Registrant's creditors in Florida filed a petition for
involuntary bankruptcy under Chapter 7 of the U.S. Bankruptcy Code against
the Registrant. In cooperation with those creditors, the Registrant changed
the venue of that case to the U.S. Bankruptcy Court for the Middle District
of Tennessee in Nashville (the "Court"). In addition, the Registrant filed a
petition on October 31, 2001 with the Court to convert the Chapter 7 filing
to a voluntary Chapter 11 reorganization along with a motion to include
various subsidiaries of the Registrant in the reorganization. On November 1,
2001, the Court entered an order granting this conversion.
The cases are being jointly administered under the case name IN RE:
PHOENIX RESTAURANT GROUP, INC., et. al., Case No. 301-12036. Pursuant to
Chapter 11 of the U.S. Bankruptcy Code, the Registrant's existing directors
and officers will continue to oversee operation of the Registrant's and its
subsidiaries' businesses as a debtors-in-possession, subject to supervision
and orders of the Bankruptcy Court of matters outside the ordinary course of
business.
On November 1, 2001, the Registrant issued a Press Release in connection
with the events described herein. The Press Release is filed herewith as
Exhibit 99 and is incorporated herein by this reference as if copied
verbatim.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
(a) Financial Statements. None.
(b) Pro Forma Financial Information. None.
(c) Exhibits. See Exhibit Index immediately following the
signatures hereto.
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 hereunto duly authorized.
PHOENIX RESTAURANT GROUP, INC.
Dated: November 7, 2001 By: /s/ Jeffrey M. Pate
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Jeffrey M. Pate
Chief Financial Officer, Secretary and
Senior Vice President
EXHIBIT INDEX
Exhibit No. Description Page No.
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99 Press Release, dated November 1, 2001 4