American Trade Association, Inc.
American Trade Association LLC,
Smart Data Solutions, LLC
Serve America Assurance ("ATA/SDS/SAA")
in Liquidation

Text Box: Notice to Claimants: There are two major components to the liquidation: (1) recovery of assets, and (2) processing of claims.  Both are on-going at this time. The Liquidator has issued Notices of Determination totaling approximately $6.8 million for over 12,800 Proofs of Claim submitted in this Liquidation.  The Liquidator continues to process and will issue Notices of Determination for the few remaining Proofs of Claim.  The Liquidator is currently reviewing the over 300 Objections to the Liquidator’s Notices of Determination that have been received.  After all Objections have been resolved through the statutory objection process (Tenn. Code Ann. 56-9-327), the Liquidator will present a plan of distribution to the Court.  It is not possible at this time to determine when this will occur. We will continue to update this website as developments occur.  

 

 

 

 

 

 

 

 

 


Questions regarding the Liquidation of ATA/SDS/SAA may be directed to

ATA/SDS/SAA in Liquidation                                                                     
P. O. Box 282189
Nashville, TN 37228

Any other questions/comments should be directed by email to Special Deputy

NOTE: On May 20, 2010, the Chancery Court of Davidson County, Tennessee placed ATA/SDS/SAA in liquidation pursuant to the Insurers Rehabilitation and Liquidation Act, Tenn Code Ann. §56-9-101. et seq.

********REMINDER********

TO BE CONSIDERED TIMELY FILED, ALL PROOF OF CLAIMS HAD TO BE IN THE HANDS OF THE LIQUIDATOR NO LATER THAN 4:30PM CENTRAL TIME ON AUGUST 31, 2010 AT THE FOLLOWING ADDRESS:

ATA/SDS/SAA in Liquidation
P. O. Box 282189
Nashville, TN 37228

CANCELLATION OF INSURANCE COVERAGE

All policies of insurance or other benefits not previously expired, terminated, or replaced by you with other insurance, expired at 11:59 PM Central Time on May 31, 2010. You are encouraged to seek health coverage from licensed carriers. Additionally, you should always check with your state department of insurance to assure yourself you are dealing with a licensed insurer and its licensed agent. For the issuance of a creditable coverage letter, please contact (615) 370-0051.

Forms and Instructions for Filing a Proof of Claim
These documents commenced mailing to known members, providers and creditors
of ATA/SDS/SAA on June 5, 2010

Ø  Cover Letter to Notice of Liquidation

Ø  Notice of Liquidation

Ø  Proof of Claim Form

Ø  Instructions for Proof of Claim

Ø  IRS Form W-9

Ø  Excerpts from Tenn. Code Ann §56-9-324 and §56-9-330

Recent Actions and Documents

(This list includes only selected filings and is not intended to be a complete record of the matters.)

RECENT CHANCERY COURT ACTIONS RELATED TO THE LIQUIDATION

Ø NEW Order Granting Liquidator's Motion to Establish an Absolute Bar Date (April 1, 2013)

Ø NEW Motion to Establish an Absolute Bar Date against the ATA/SDS/SAA Liquidation Estate (March 8, 2013)

Ø  NEW Motion for Appointment of a Referee Pursuant to TENN CODE ANN 56-9-327(b) (March 8, 2013)

Ø NEW Notice of Filing Order of Appointment of Jeanne Barnes Bryant as Special Deputy Receiver and Status Report (March 8, 2013)

Ø NEW Notice of Filing Financial Reports of SDS ATA and SAA in Liquidation for the Third and Fourth Quarters of 2012 (March 8, 2013)

 

Petition to Recover Damages from Evans Petree PC and William L Hendricks, Jr.

Ø Liquidator Notice of Appeal (April 18, 2012)

Ø Court Memo and Order Denying Liquidator Motion to Alter or Amend Judgment (March 19, 2012)

Ø Liquidator Motion to Alter or Amend Judgment (January 12, 2012)

Ø Liquidator Memorandum to Alter or Amend Judgment (January 12, 2012)

Ø Memorandum and Order to Dismiss Damages Petition (December 13, 2011)

Ø Respondent Reply Memorandum regarding Motion to Dismiss (November 8, 2011)

Ø Liquidator Memorandum Response to Motion to Dismiss (November 7, 2011)

Ø Liquidator's Amended Petition to Recover Damages (redacted) (September 30, 2011)

Ø Memorandum and Order regarding Damages Petition (September 1, 2011)

Ø Respondent Reply Memorandum regarding Motion to Dismiss (August 24, 2011)

Ø  Petitioner Memorandum Response to Motion to Dismiss (August 22, 2011)

Ø  Respondent Motion to Dismiss and Memo with cover letter (July 14, 2011)

Ø Damages Petition, Jury Demand (June 14, 2011)

 

Petition for Contempt Against Bart S. Posey, Sr., Richard H. Bachman, William L. Hendricks, Jr., Russell J. Hensley, Theodore T. Kitai, Evans Petree PC, Best Benefits Association, Inc. and Quality Benefits Group, LLC

Ø  Signed Order Approving Post-Judgment Settlement Agreement (September 12, 2012)

Ø  William L. Hendricks, Jr Notice of Appeal (September 12, 2012)

Ø  Joint Motion for Approval of Post Judgment Settlement Agreement  (September 12, 2012)

Ø Motion and Memorandum to Reconsider Ruling Re PlanRx Wires (May 31, 2012)

Ø Lawyer Motion for Relief Under Rule 60 (May 31, 2012)

Ø Lawyer Objection to Liquidator’s Fee Request (May 25, 2012)

Ø Liquidator Motion, Memorandum and Affidavit for Attorneys’ Fees and Costs in Contempt Case (Ex. A omitted) (April 29, 2012)

Ø  Memorandum and Order Regarding Contempt (April 2, 2012)

Ø  Agreed Order Setting Case for Trial (August 8, 2011)

Ø  Memo and Order denying Motion to Dismiss Contempt (June 27, 2011)

Ø  Petitioner’s Response in Opposition to Motions to Dismiss Contempt Petition or to Stay Proceedings (June 3, 2011)

Ø  Posey and Bachman Motion to Dismiss or Stay Contempt (May 13, 2011)

Ø  Lawyer Motion and Memo to Dismiss or Stay Contempt (May 13, 2011)

Ø  Contempt Scheduling Order (April 25, 2011)

Ø  Petitioner Statement for Scheduling Conference (April 18, 2011)

Ø  Notice of Appearance (April 12, 2011)

Ø  Respondent Statement for Scheduling Conference (April 12, 2011)

Ø  Motion to Withdraw as Counsel of Record (April 12, 2011)

Ø  Memorandum and Order setting scheduling hearing April 19, 2011 (March 23, 2011)

Ø  Petitioner’s Notice of Filing Affidavits and Related Materials in Support of Petition For Contempt (March 15, 2011)

Ø  Verified Petition Seeking Damages for Civil Contempt and other Appropriate Relief (without Exhibits) (March 15, 2011)

 

United States of America v. Four Real Properties and Proceeds from any Sale of the Four Real Properties by the Current Owners

 

Ø  Motion Of Claimant Bart Posey To Set Aside Orders Regarding Rental Payments Derived From A Certain Parcel Of Defendant Real Property (June 1, 2012)

Ø  Order Approving Motion to Amend (May 31, 2012)

Ø  Motion to Amend Previous Order (May 30, 2012)

Ø  Order Regarding Rental Payments on Defendant Property (May 29, 2012)

Ø  Approval of Motion for Order Regarding Rental Payments on Defendant Property (May 29, 2012)

Ø  Motion for Order Regarding Rental Payments on Defendant Property (May 25, 2012)

Ø  Memorandum in support of Motion for Order Regarding Rental Payments on Defendant Property (May 25, 2012)

Ø  Joint Motion to Consolidate Actions (March 13, 2012)

Ø  Four Real Properties Petition for Remission (June 7, 2011)

Ø  Four Real Properties Notice of Withdrawal (June 7, 2011)

Ø  Answer of Claimants Bart S. Posey and Angie S. Posey and Demand for Jury Trial (May 6, 2011)

Ø  Answer of Statutory Liquidator/Receiver to Verified Complaint In Rem (April 22, 2011)

Ø  Liquidator Notice of Appearance and Request for Service (April 14, 2011)

Ø  Verified Complaint In Rem (February 16, 2011)

 

United States of America v. 2010 Chevrolet Camaro 2SS Coupe and 2005 Harley Davidson Road King Motorcycle

Ø  Notice Regarding Interlocutory Private Judicial Sale of Defendant Vehicles Only (September 26, 2012)

Ø  Response To Motion Of Claimant Bart Posey To Set Aside Order Granting Interlocutory Private Judicial Sale Of Defendant Vehicles (June 1, 2012)

Ø  Motion of Bart Posey to Set Aside Order Granting Interlocutory Sale of Vehicles (May 31, 2012)

Ø  United States’ Motion For Interlocutory Judicial Sale of Defendant Vehicles Only (May 23, 2012)

Ø  Proposed Order For Interlocutory Private Judicial Sale (May 23, 2012)

Ø  Memorandum in Support of Interlocutory Private Judicial Sale of Defendant Vehicles Only (May 23, 2012)

Ø  Affidavit of Debora Krause with Exhibits (May 23, 2012)

Ø  Camaro Petition for Remission (June 7, 2011)

Ø  Camaro Notice of Withdrawal (June 7, 2011)

Ø  Answer of Statutory Liquidator/Receiver to Verified Complaint In Rem (May 9, 2011)

Ø  Liquidator Notice of Appearance and Request for Service (May 9, 2011)

Ø  Answer of Claimants Bart S. Posey and Demand for Jury Trial (April 5, 2011)

Ø  Verified Complaint In Rem (February 1, 2011)

Third Party Recovery Actions

Bart S. Posey, Sr. and Angie Posey

Ø  Response to Liquidator’s Petition to Recover Damages (April 6, 2011)

Ø  Liquidator's Petition to Recover Damages from Bart S. Posey, Sr. and Angie Posey (August 13, 2010)

William M. Worthy II, Caroline H. Worthy, Southeast Insurance Advisors, LLC and Nationwide Administrators, LLC

Ø  Order of Default in amount of $2,009,253.82 against each and all defendants Caroline H. Worthy, Southeast Insurance Advisors, LLC and Nationwide Administrators, LLC. (May 5, 2011)

Ø  Liquidator’s Motion for Default Judgment Against Caroline H. Worthy, Southeast Insurance Advisors, LLC and Nationwide Administrators, LLC (April 14, 2011)

Ø  William M. Worthy, II Response to Liquidator’s Petition to Recover Damages (March 22, 2011)

Ø  Liquidator’s Petition to Recover Damages from William M. Worthy, II, Caroline H. Worthy, Southeast Insurance Advisors, LLC and Nationwide Administrators, LLC (September 30, 2010)

Reports to Chancery Court on Post Seizure/Liquidation Order Activity

Ø  Notice of Filing Second Quarter 2012 Financial Reports of SDS, ATA and SAA in Liquidation (September 28, 2012)

Ø  Notice of Filing First Quarter 2012 Financial Reports of SDS, ATA and SAA in Liquidation (June 5, 2012)

Ø  Notice of Filing Fourth Quarter 2011 Financial Reports of SDS, ATA and SAA in Liquidation (March 15, 2012)

Ø  Notice of Filing Third Quarter 2011 Financial Reports of SDS, ATA and SAA in Liquidation (January 30, 2012)

Ø  Notice of Filing Second Quarter 2011 Financial Reports of SDS, ATA and SAA in Liquidation (August 24, 2011)

Ø  Notice of Filing First Quarter 2011 Financial Reports of SDS, ATA and SAA in Liquidation (May 12, 2011)

Ø  Notice of Filing Report on Number and Types of Proofs of Claim (January 31, 2011)

Ø  Notice of Filing Fourth Quarter 2010 Financial Reports of SDS, ATA and SAA in Liquidation (January 31, 2011)

Selected Court Filings Related to Appeal of Liquidation Order

Ø  Tennessee Court of Appeals mandate concerning end of appeal (August 12, 2011)

Ø  Tennessee Court of Appeals opinion re: TDCI v. Smart Data (June 3, 2011)

Ø  Reply Brief of Respondent Appellants SDS and ATA to Tenn. Court of Appeals (February 21, 2011)

Ø  Appellee Brief of Commissioner to Tenn. Court of Appeals (January 24, 2011)

Ø  Brief of Respondent William M. Worthy II to Tenn. Court of Appeals (December 9, 2010)

Ø  Brief of Appellant SDS to Tenn. Court of Appeals (November 24, 2010)

Ø  Memorandum and Order - Appeal Pendency Plan (September 27, 2010)

Ø  Liquidator's Appeal Pendency Plan and Request for Approval (August 12, 2010)

Ø  Memorandum of Law in Support of the Liquidator's Motion to Approve the Appeal Pendency Plan (August 12, 2010)

Ø  Notice of Appeal by Respondent William M. Worthy II (August 9, 2010)

Ø  Smart Data Solutions Filed Notice of Appeal (August 5, 2010)

Court filings related to fees of Special Deputy Liquidator, Special Counsels and Contractors

Ø  Order Approving Fees July 2011 thru December 2011 (May 29, 2012)

Ø  Liquidator Motion for Approval of Fees July 2011 thru December 2011 (April 18, 2012)

Ø  Order Approving Fees January 2011 thru June 2011 (November 7, 2011)

Ø  Liquidator Motion for Approval of Fees January 2011 thru June 2011 (October 6, 2011)

Ø  Order Approving Fees September 2010 thru December 2010 (June 28, 2011)

Ø  Liquidator Motion for Approval of Fees September 2010 thru December 2010 (May 12, 2011)

Ø  Order Approving Fees thru August 31, 2010 (November 15, 2010)

Ø  Liquidator Motion for Approval of Fees thru August 31, 2010 (October 1, 2010)

Selected Chancery Court Actions Related to Petition for Liquidation

Ø  Order Appointing Chlora A. Lindley-Myers as Special Deputy Commissioner and Statutory Liquidator (February 6, 2012)

Ø  Order Approving Liquidator's Motion to Issue Notices of Determination (November 7, 2011)

Ø  Liquidator Reply in Support of Fees (October 24, 2011)

Ø  Respondent Motion for Opposition to Approval of Fees (October 20, 2011)

Ø  Order Resetting Hearing (October 18, 2011)

Ø  Motion to Proceed with the Issuance of Notices of Determination (October 7, 2011)

Ø  Notice of Filing Order of Appointment of Marie Murphy as Special Deputy Commissioner, Petitioner and Statutory Liquidator (January 31, 2011)

Ø  Final Order on Motion to Alter or Amend May 20, 2010 Final Order (July 14, 2010)

Ø  Order Denying Motion to Stay Proceedings (July 14, 2010)

Ø  Order Correcting Citations on Final Order (May 24, 2010)

Ø  Final Order Appointing the Commissioner as Receiver for Liquidation of Respondents Smart Data Solutions, LLC, American Trade Association, Inc., American Trade Association, LLC, and Serve America Assurance, conducting Unauthorized Insurance Company business; Permanent Injunctive Relief (May 20, 2010)

Ø  Order Correcting Mathematical Typographical and Calculation Errors in Memorandum and Order (April 28, 2010)

Ø  Memorandum and Order (April 27, 2010)

Ø  Order Clarifying Seizure Restrictions on Payments that may be Ordered by States (April 22, 2010)

Ø  Order Amending Order of Seizure and Directing Certain Other Actions by the Parties (April 22, 2010)

Ø  Order Dismissing Kristy Wright (April 21,2010)

Ø  Order Clarifying Filing Under Seal (April 20, 2010)

Ø  Memorandum and Order (April 14, 2010)

Ø  Order of Seizure of Respondents Smart Data Solutions, LLC, American Trade Association, Inc., American Trade Association, LLC, and Serve America Assurance - Order Setting Hearing on Request for Liquidation (March 23, 2010)

Ø  Order Setting Hearing (March 23, 2010)

Ø  Verified Petition for Appointment of Receiver for Purposes of Liquidation of Respondents; Smart Data Solutions, LLC, American Trade Association, INC., American Trade Association, LLC, and Serve America Assurance, Conducting Unauthorized Insurance Company Business; Immediate and Permanent Injunctive Relief; Request for Expedited Hearing (March 23, 2010)

Summary Order of Cease and Desist

Ø  American Trade Association, LLC, American Trade Association, Inc, Obed W. Kirkpatrick, Sr., Richard H. Bachman and Bart S. Posey

Ø  Smart Data Solutions,

Ø  Serve American Assurance LTD.

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