A rare bankruptcy success
Auto-transport firm leaves Ch. 11 with new outlook
By Dan Sorenson
ARIZONA DAILY STAR 7/13/2010
For most companies, Chapter 11 bankruptcy is a hospice, not a hospital.
So, when SARS Auto Transporters of Tucson emerged from bankruptcy June 30, more than two years after filing for protection from its creditors, the company had beaten the odds.
Back on its feet, SARS now has 15 drivers — most based in Tucson — using 18-wheelers to move cars, primarily between dealers or between auto auctions and dealers. The company operates mainly between Tucson, Phoenix, Las Vegas and Los Angeles.
The company has its own mechanics and an office and sales staff working out of the company headquarters at 4620 S. Country Club Road.
SARS, founded in 1992 as Southwest Auto Re, was purchased by businessmen Kent and Dale Bauman in 2006. Neither had any experience in trucking. KentBauman had worked for Intuit but decided not to move when the company moved his unit out of Tucson. After two years of searching, he bought SARS. Soon, the economy crumbled.So did SARS’revenue stream. But not its bills.
Marginally profitable contracts and trucks with payments longer than their future added to the recession’s effect, said SARS general manager Steve Cunningham, an autotransport veteran and former competitor.
SARS filed for protection with 65 employees and came out with 40. There were plenty of days when Kent Bauman said he was ready to turn out the lights, close the door and let the creditors fight it out over the company’s bones. He credits Cunningham with leading them through the grim days.
Cunningham says he had his own dark days, but having 40 families dependent on the company for food and shelter kept him going.
Still, a $200,000 monthly nut — rent, fuel, insurance, truck payments, payroll — was daunting.
The numbers behind Chapter 11 successes are no less daunting.
Nationwide, it’s been estimated that only 25 to 30 percent of Chapter 11 cases result in a confirmed plan of reorganization — the final step before emergence from bankruptcy. The rest are dismissed or converted into Chapter 7 liquidation cases. In Arizona, out of 404 Chapter 11 cases filed in 2008, only 56 have resulted in confirmed reorganization plans to date, according to Nancy Dickerson, chief deputy clerk of the Arizona district of U.S. Bankruptcy Court.
SARS’ bankruptcy attorney, Eric Slocum Sparks, said he negotiated away millions of dollars in debt on what he said were overvalued assets, including equipment and customer lists.
Sparks said the Baumans’ willingness to dig into their own pockets probably carried weight with the judge.
Complicating the healing process for SARS were other companies in bankruptcy. Bauman said several car-dealer clients failed, including one large Tucson used-car dealer that folded while owing SARS $15,000.
Cunningham and Bauman are grateful to the dealers who stuck with them.
Clyde Wanslee Auto Sales owner Tom Epperson Jr. said he stuck with SARS and other companies in bankruptcy, as long as they did what they said. He says SARS did. “We’re all in this together,” Epperson said.
But not all customers stuck with SARS.
“People don’t understand bankruptcy,” Cunningham said. He heard about one of his drivers making a stop in Las Vegas and being told by a driver from another company that he might as well walk away, that the SARS driver might have his rig seized any moment.
Bauman says bankruptcy shook his confidence.
“My whole life I have been successful in everything I’ve done. You go into bankruptcy, you were wealthy. Maybe I’m not as good as I thought. You come out humbler. You come out more relationship- focused,” says Bauman.
But he says there is also a positive side.
“There are dealers in town that I would do anything for because they’ve stayed with us.”
Contact reporter Dan Sorenson at 573-4185 or dsorenson@azstarnet.com
Tuesday, July 13, 2010
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