FINALLY, someone asking Church Street Health Management to “prove it”, “fork it over”, “show us from where the money comes” and more.

Bankruptcy Watchdog Protests Wind-Down Process Of Small Smiles

Katy Stech May 11, 2012 (c) 2012 Dow Jones & Company, Inc.

A federal court watchdog wants to put a hold on the $25 million sale of the operator of Small Smiles Dental Centers to a private equity firm--a deal that a bankruptcy judge has yet to approve--until the Tennessee-based chain sheds light on its post-closing moves.

U.S. Trustee Samuel Crocker, who monitors bankruptcy court pleadings for the Department of Justice, wants company executives to be clearer about the financial professional who would take over the bankruptcy estate once distressed investor Garrison Investment Group purchases its operations on May 31, according to papers filed in U.S. Bankruptcy Court in Nashville, Tenn.

I heard the the infamous Doug Brown and Kirk Huntsman might be involved before it ends. if so, Doug Brown would be involved in more Private Equity “Medicaid dental mills” and “pull every tooth in your mouth and slap in some cheap denture” operations in the world.

The Order

Upon the motion of The Official Committee of Unsecured Creditors, by and through counsel, it is ORDERED that individuals designated by Fireman’s Fund Insurance Company shall appear for examination pursuant to Fed. R. Bankr. P. 2004 on May 16, 2012 at 9:00 a.m. C.S.T. at the offices of Baker,Donelson, Bearman, Caldwell & Berkowitz, P.C., 211 Commerce Street, Suite 800,Nashville, Tennessee 37201. 

IT IS FURTHER ORDERED that individuals designated by Fireman’s Fund Insurance Company shall produce the documents as specified in Exhibit 1 to the Committee’s counsel at the above address not later than May 15, 2012 at 4:00 p.m. C.S.T.

IT IS FURTHER ORDERED that the attorney for the movant shall serve a copy of this order on the party or counsel for the party required to appear and to the U.S. Trustee.

The attendance of an entity for examination and the production of documentary evidence are compelled in the manner provided in Fed. R. Bankr. Proc. 9016 for the attendance of witnesses at a hearing or trial.
Dated: May 4, 2012

Who wants to bet they do all they can to postpone this one?!!  LOL

Appears just about anyone can motion for a Rule 2004 Examination.

Exhibit A of Exhibit 1 – List of Small Smiles Dentist Names
I’d bet a whole crap load of these 916 dentists are on Santa’s Naughty list. No wonder I was told some of the folks in the below list are spinning in their shoes and support employees are afraid some are going to have a heart attack.

 Church Street Health Management Rule 2004 Examination and Document Request - Names of 916 Dentists Doc 319-2

National Union Fire Insurance files suit against Small Smiles Holding in Tennessee District Court Friday Aug 6, 2010

National Union Fire Insurance files suit against Small Smiles Holding in Tennessee District Court Friday Aug 6, 2010.  Small Smiles Holding is getting the suit since it is the first named in on the policies.  If I were a dentist working for Small Smiles, I would be extremely concerned, that liability insurance you thought would CYA, just may not. 

Seems most of the evidence being cited in the TN suit comes from the New FORBA v Old FORBA case brought back in January, where they were fighting among themselves.  That case was quickly dismissed at the request of the parties.  That lawsuit let a whole lot of worms out of the can that will haunt All FORBA's for years to come.  Wonder what stupid attorney advised that lawsuit.

I'll post more later, I'm only on page 5, and there is 142! 

Oh, and in case you did not know, as I didn't, there was a suit filed against FORBA Holding, who is wholly  owned by Small Smiles Holding in Oklahoma on June 7, 2010 - Hernandez v FORBA (CJ-2010-1632)