Tom's Foods requests examination of Heico Holding's removal of sale documents from headquarters

By Caroline Salls

Pittsburgh, April 19 - Toms Foods, Inc.'s responsible officer Eugene I. Davis requested an examination of Heico Holding Inc. in relation to asset sale-related documents taken from Toms Foods' offices, according to a Wednesday filing with the U.S. Bankruptcy Court for the Middle District of Georgia.

According to the motion, on Jan. 20, Davis learned that Heico agents and/or employees had removed documents from the Tom's corporate offices before the closing of the sale of the company's assets to Columbus Capital Acquisition Corp., and the documents were the property of the Tom's Chapter 11 estate at the time.

Heico returned some of the documents, but initially refused to return the remaining documents, citing confidentiality and/or privilege issues.

In subsequent negotiations, Heico agreed to return the remaining documents if Davis would enter a confidentiality agreement.

Given the fact that Davis has already received several requests for some of the documents being held by Heico, Davis said he feels that issues of confidentiality and/or privilege should be resolved immediately.

The requested examination would investigate who directed the removal of records from Tom's corporate headquarters and reviewed the documents after their removal and for what purposes, as well as whether documents were altered, copied, summarized or destroyed.

Davis said the examination would also investigate on whose behalf Heico is asserting claims of confidentiality and/or privilege and the basis for those claims.

According to the motion, Heico plans to object to the examination and production of the documents.

Davis requested a hearing be scheduled for May 9.

Tom's, a Columbus, Ga.-based snack food company, filed for bankruptcy on April 6, 2005. Its Chapter 11 case number is 05-40683.

© 2015 Prospect News.
All content on this website is protected by copyright law in the U.S. and elsewhere. For the use of the person downloading only.
Redistribution and copying are prohibited by law without written permission in advance from Prospect News.
Redistribution or copying includes e-mailing, printing multiple copies or any other form of reproduction.