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


UPDATED AS OF NOVEMBER 9, 2011

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 Paul Eggers

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 (800) 591-6764.

 

Forms and Instructions for Filing a Proof of Claim
These documents commenced mailing to known members, providers and creditors
of ATA/SDS/SAA on May 24, 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.)

 

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

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

Ø NEW 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  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  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

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 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)

Selected Chancery Court Actions Related to Petition for Liquidation

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

Ø  NEW Order Approving Fees of Special Deputy Receiver Special Counsel and Third Party Contractors (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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