A Georgia state senator who controls two auto dealerships has tapped his longtime outside law firm—Segal, Fryer, Shuster & Lester—for advice on an offer to acquire a dealership from the bankrupt Bill Heard Enterprises Inc.
Michael Shuster, a partner at the Atlanta firm, is advising a company controlled by State Sen. Emanuel Jones on his offer to buy a former Bill Heard dealership in Columbus. The company, called Legacy Automotive of Columbus LLC, made its offer in the U.S. Bankruptcy Court for the Northern District of Alabama, where Bill Heard’s Chapter 11 case was filed.
Legacy’s offer is valued at least $12.5 million, and will ultimately be significantly higher than that, Shuster said. That figure includes an offer of $11.5 million for the dealership’s real estate, and another $1 million for furniture, fixtures and equipment at the dealership. However, Legacy is also offering to acquire two other sets of assets—the dealership’s inventory of new vehicles and its inventory of automobile parts. The value of those inventories has yet to be determined, Shuster said.
Shuster said he has been representing Jones since he entered the automobile dealership industry in 1991. Segal, Fryer, Shuster & Lester partner Charles I. Pollack is also advising Legacy on the real estate aspects of its acquisition offer.
Legacy had previously made an offer to acquire Bill Heard’s shuttered dealership in Gwinnett County. But that offer was withdrawn earlier this month.
Jones, a Democrat from Ellenwood, owns two dealerships in Henry County, Legacy Ford and Legacy Hyundai, both in McDonough. Jones was elected to the Georgia Senate in 2004.
Legacy’s offer for the Columbus dealership is classified as a “stalking horse” bid in bankruptcy court filings. That means Bill Heard is required to solicit other offers, and Legacy could be out-bid, Shuster said. Additionally, Legacy’s offer must receive final approval from both the U.S. Bankruptcy Court and from General Motors Corp., which holds an existing franchise agreement with Bill Heard.
Bids are also outstanding on two other Bill Heard dealerships, in Collierville, Tenn., and Huntsville, Ala.
Before filing for bankruptcy and closing all its dealerships in September, Bill Heard Enterprises was one of the largest Chevrolet dealers in the U.S.
Burr & Forman partners Robert Rubin and Derek Meek in Birmingham, Ala., are lead bankruptcy counsel to Bill Heard Enterprises. Kilpatrick Stockton partners Dennis Meir and John Mills in Atlanta and Mark Taylor in Washington are advising the official committee of unsecured creditors.