UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): October 29, 2009 (October 28, 2009)
FREMONT GENERAL CORPORATION
(Exact Name of Registrant as Specified in Charter)
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Nevada
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001-08007
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95-2815260 |
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(State or Other Jurisdiction
of Incorporation)
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(Commission File Number)
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(I.R.S. Employer
Identification No.) |
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175 North Riverview Drive |
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Anaheim, California
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92808 |
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(Address of Principal Executive Offices)
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(Zip Code) |
(Registrants Telephone Number, Including Area Code) (714) 283-6500
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01 Other Events.
Filing of the Amended Monthly Operating Report for the Month Ended September 30, 2009 with the
United States Trustee
On October 28, 2009, Fremont General Corporation (the Company) filed an amended monthly operating
report for the month ended September 30, 2009 (the Amended September Monthly Operating Report),
with the United States Trustee for the Central District of California, Santa Ana Division (the
United States Trustee). The amendment to the Amended September Monthly Operating Report consisted
of three explanatory footnotes that were added to Section X. Balance Sheet. These footnotes
identify the source of certain changes resulting from accruals recorded in accordance with
generally accepted accounting principals (GAAP) at September 30, 2009, which include an accrual
for litigation settlements totaling $36.2 million that related to the following matters and related
proofs of claim: The Bank of New York v. Fremont General Corporation; California Insurance
Commissioner v. Rampino, et al.; Enron Creditors Recovery Corp., et al. v. J.P. Morgan Securities,
et al.; and California Insurance Commissioner v. Fremont General Corporation, et al. Each of these
settlements were previously reported by the Company in current reports on Form 8-K on August 3,
2009, May 19, 2009, April 27, 2009 and April 17, 2009, respectively. Although the accruals were
recorded in accordance with GAAP, other financial information contained in the Amended September
Monthly Operating Report may not be presented in accordance with GAAP. Before reading the Amended
September Monthly Operating Report, we strongly urge you to read the Cautionary Statement Regarding
the Amended September Monthly Operating Report below.
The Amended September Monthly Operating Report is attached hereto as Exhibit 99.1 and is
incorporated herein by reference.
Cautionary Statement Regarding the Amended September Monthly Operating Report
The Amended September Monthly Operating Report contains financial information that has not been
audited or reviewed by independent registered accountants, is not presented in accordance with GAAP
and may be subject to future reconciliation and adjustments. The information contained in the
Amended September Monthly Operating Report has been prepared in accordance with applicable law
under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code) and is not to be
used for investment purposes. There can be no assurance that the Amended September Monthly
Operating Report is complete. The Company may amend or otherwise change the information contained
in the Amended September Monthly Operating Report at a future date. Results set forth in the
Amended September Monthly Operating Report should not be viewed as indicative of future results.
The information contained in the Amended September Monthly Operating Report represents financial
information of the Company only and does not include financial
information for its indirect wholly-owned subsidiary, Fremont Reorganizing Corporation (formerly
known as Fremont Investment & Loan). The Amended September Monthly Operating Report should under
no circumstances be relied upon or viewed as a substitute, supplement or replacement for financial
information that is filed with the U.S. Securities and Exchange Commission pursuant to the
Securities Exchange Act of 1934, as amended.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit
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Description |
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Exhibit 99.1
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Fremont General Corporation Amended Monthly Operating Report
for the month ended September 30, 2009 |
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.
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FREMONT GENERAL CORPORATION
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Date: October 29, 2009 |
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/s/ Richard A. Sanchez
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Name: |
Richard A. Sanchez |
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Title: |
Interim President and Chief
Executive Officer |
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