UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 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): April 30, 2007

FIRSTCITY FINANCIAL CORPORATION

(Exact name of registrant as specified in its charter)

Delaware

 

033-19694

 

76-0243729

(State of incorporation)

 

(Commission File No.)

 

(IRS Employer Identification No.)

 

6400 Imperial Drive
Waco, Texas 76712
(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code: (254) 761-2800

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 




Item 7.01 Regulation FD Disclosure.

The following information is furnished pursuant to Item 7.01, “Regulation FD Disclosures.”

On April 30, 2007, FirstCity Financial Corporation (“FirstCity” or the “Company”) issued a press release announcing the consent of the Bank of Scotland, as agent and lender, to the delivery of the annual audited financial statements of FirstCity for Fiscal Year 2006 and the Annual Report on Form 10-K for the year ended December 31, 2006 by a date not later than May 31, 2007.  A copy of this press release is attached hereto as Exhibit 99.1.

Item 9.01  Financial Statements and Exhibits

The following exhibit is furnished with this Form 8-K.

(d)                                 Exhibits.

99.1                           Text of press release of FirstCity Financial Corporation issued on April 30, 2007.

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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.

 

FIRSTCITY FINANCIAL CORPORATION

 

 

 

 

 

 

Date: April 30, 2007

 

By:

 

/s/ J. Bryan Baker

 

 

 

 

 

J. Bryan Baker

 

 

 

 

Senior Vice President and Chief Financial Officer

 

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EXHIBIT INDEX

Exhibit No.

 

Description

99.1

 

Text of press release of FirstCity Financial Corporation issued on April 30, 2007.

 




 

N E W S   R E L E A S E

 

 

 

 

 

 

 

Contact:

 

Suzy W. Taylor

 

 

 

 

 

866-652-1810

 

 

FIRSTCITY FINANCIAL CORPORATION ( NASDAQ FCFC) ANNOUNCES ADDITIONAL EXTENSION
BY LENDER RELATED TO FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 2006

Waco, Texas April 30, 2007…… FirstCity Financial Corporation (NASDAQ: FCFC) today announced that FirstCity has obtained the consent of the Bank of Scotland, as agent and lender, to the delivery of the annual audited financial statements of FirstCity for Fiscal Year 2006 and the Annual Report on Form 10-K for the year ended December 31, 2006 by a date not later than May 31, 2007, under the terms of both FirstCity’s Revolving Credit Agreement dated as of November 12, 2004, and the acquisition facility provided to FH Partners  L.P., a wholly-owned affiliate of FirstCity, under the Revolving Credit Agreement dated as of August 26, 2005, to allow FirstCity and FH Partners, L.P. to continue to utilize those loan facilities in the normal course of business.

FirstCity has previously announced that the filing of its 2006 10-K would be delayed as a result of the independent investigation by the Audit Committee of FirstCity’s Board of Directors.  The independent investigation is ongoing, and, as a result, FirstCity is currently unable to estimate when it expects to file its 2006 Form 10-K or announce results for each of the year and quarter ended December 31, 2006.

Forward — Looking Statements

This press release contains statements that are forward-looking in nature, including, without limitation, statements relating to the filing of FirstCity’s 2006 Form 10-K and announcement of FirstCity’s financial results for the 2006 fourth quarter and fiscal year; and the timing, results and effect of the independent Audit Committee investigation.  These statements are just management’s expectations and involve risks and uncertainties, such that actual results may differ significantly.  These risks include, but are not limited to, additional actions resulting from the continuing independent Audit Committee investigation.

FirstCity Financial is a diversified financial services company with operations dedicated to portfolio asset acquisition and resolution with offices in the U.S. and with affiliate organizations in France and Mexico. Its common stock is listed on the NASDAQ Global Select Market System under the symbol “FCFC.”