-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, ETDEHKjSjbIJjVCSvcWwlArIrZ2WSrELQx3iZKkKX3UyUUyCyyWV1+c2PavYU3zT Anq8Vxc6JQCX+OOe8b6PUw== 0001062993-09-000356.txt : 20090204 0001062993-09-000356.hdr.sgml : 20090204 20090204143830 ACCESSION NUMBER: 0001062993-09-000356 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090129 ITEM INFORMATION: Other Events FILED AS OF DATE: 20090204 DATE AS OF CHANGE: 20090204 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CARBIZ INC CENTRAL INDEX KEY: 0001307425 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-AUTO DEALERS & GASOLINE STATIONS [5500] IRS NUMBER: 000000000 STATE OF INCORPORATION: A6 FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-52209 FILM NUMBER: 09567987 BUSINESS ADDRESS: STREET 1: 7405 NORTH TAMIAMI TRAIL CITY: SARASOTA STATE: FL ZIP: 34243 BUSINESS PHONE: 941-952-9255 MAIL ADDRESS: STREET 1: 7405 NORTH TAMIAMI TRAIL CITY: SARASOTA STATE: FL ZIP: 34243 8-K 1 form8k.htm CURRENT REPORT Filed by sedaredgar.com - Carbiz Inc. - Form 8-K

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): January 29, 2009

CARBIZ INC.
(Exact name of registrant as specified in its charter)

Ontario, Canada 000-52209 None
(State or other jurisdiction of incorporation) (Commission File Number) (IRS Employer Identification No.)

7115 16th Street East, Unit 105
Sarasota, Florida 34243
(Address of principal executive offices, including Zip Code)

Registrant’s telephone number, including area code: (941) 952-9255

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:

[ ] Written communications pursuant to Rule 425 under the Securities Act.

[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act.

[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act.

[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.



Item 8.01 Other Events.

     On January 29, 2009, the United States Bankruptcy Court for the Northern District of Illinois, which has jurisdiction over the bankruptcy of SWC Services LLC (“SWC”), the Company’s lender under the Second Amended and Restated Loan and Security Agreement between the Company, its operating subsidiaries and SWC (the “Loan Agreement”), issued an order approving the transfer of SWC’s interests in the Loan Agreement and related loan documents to Dealer Services Corporation (“DSC”), pursuant to the terms of the Asset Purchase Agreement between DSC and Ronald Peterson (the “Trustee”), who is the Chapter 7 Trustee of SWC, as described in the Company’s Form 8-K dated January 16, 2009.

     Creditors of SWC have 10 days to appeal such order. If no appeal is taken, the order should become final after the expiration of the 10 day period, and the transactions contemplated by the Asset Purchase Agreement would be consummated thereafter in accordance with the terms of the Asset Purchase Agreement. There can be no assurance that there will not be an appeal of the order. In the event of an appeal, DSC and the Trustee will have the opportunity to terminate the Asset Purchase Agreement. In such event, there can be no assurance that the Company could obtain other financing to allow it to continue its business.

2


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 thereunto duly authorized.

  CARBIZ INC.
     
Date: February 4, 2009 By: /s/ Stanton Heintz
    Stanton Heintz
    Chief Financial Officer


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