UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re: CASE NO.: 19-20831-MAM

Chapter 11

PALM BEACH BRAIN & SPINE, LLC.,

MIDTOWN OUTPATIENT SURGERY

CENTER, LLC, and

MIDTOWN ANESTHESIA GROUP, LLC Jointly Administered

Debtors. 

______________________________/

DEBTORS’ MOTION FOR ORDER TO SHOW CAUSE WHY AMOS 

DARE, M.D. SHOULD NOT BE HELD IN CONTEMPT

COMES NOW Debtors, PALM BEACH BRAIN & SPINE, LLC. (“PBBS”), MIDTOWN 

OUTPATIENT SURGERY CENTER, LLC (“MOSC”), and MIDTOWN ANESTHESIA 

GROUP, LLC (“MAG”), (hereinafter referred to as “Debtors”), by and through the undersigned 

counsel, and hereby files this Motion for Order to Show Cause Why Amos Dare, M.D. Should not 

be Held in Contempt, and in support thereof, respectfully states as follows:

JURISDICTION

1. The Bankruptcy Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 

157 and 1334. Venue is proper under 28 U.S.C. § 1408 and 1409. This is a core proceeding 

pursuant to 28 U.S.C. § 157(b)(2).

2. Section 1121(d) of the Bankruptcy Code provides the basis for the relief requested 

herein.

BACKGROUND

3. The Debtors filed their voluntary petition for relief under Chapter 11 of the 

Bankruptcy Code on August 14, 2019. These cases are jointly administered.

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 1 of 10
4. The Debtors are separate privately held limited liability companies. Palm Beach 

Brain and Spine, LLC (“PBBS “) was a medical practice providing neurosurgery, minimally 

invasive spine surgery and treatment for cancer of the brain and spine. Midtown Outpatient 

Surgery Center, LLC (“MOCS”) operated a surgical facility that specialized in providing elective 

surgical and pain management services in an outpatient or ambulatory setting for patients of PBBS 

as well as other providers. Midtown Anesthesia Group, LLC (“MAG”) offered anesthesiology 

services at the MOCS location.

5. As set forth in the Voluntary Petition, the following entities are fictitious entities 

of PBBS:

a. Neuro Ortho Interventional Services 

b. JaxNeuroSpine 

c. Neurological & Orthopedic Institute of FL 

d. Palm Beach Reconstructive Surgery 

e. Neuro Ortho Spine Institute

6. MOSC owns the fictitious entity known as “Orthotics.” 

7. Much of the income received by the Debtor entities is through “Letters of 

Protection,” meaning the Debtors provide medical services to individuals who are injured and 

then are paid in the future from any settlement proceeds. Pre-petition, the Debtors sold medical 

receivables, which were generally supported by the Letters of Protection, to various factoring 

companies (the “Purchased Receivables”).

8. The primary assets of the Debtors are the remaining medical receivables that it 

owns and the related Letters of Protection. It has been acknowledged in prior pleadings in this 

case that the medical receivables and related Letters of Protection sold by the Debtors to the 

various factors are not property of the bankruptcy estate; however, the rights of the Debtors to 

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 2 of 10
receive “residuals” under certain of the contractual arrangements with the factoring companies 

are property of the bankruptcy estate. The “unsold” medical receivables and related Letters of 

Protection are assets of the bankruptcy estate, these but may be subject to a lien of The Northern 

Trust Company, which is a secured creditor of MOSC.

9. At the time of the filing of these cases, Amos Dare. M.D. was the Manager of the 

three (3) Debtor entities. Dr. Amos Dare and his wife, Maria Marchetti, are involved in a 

contentious divorce and on or about November 8, 2019, the family court entered an order that 

Maria Marchetti was named as Manager of the Debtor entities. At or about November 8, 2019, 

Dr. Dare ceased providing medical services to the Debtors. Ms. Marchetti was then tasked with

collecting the Debtors’ receivables as no new procedures were being conducted by the Debtors. 

Eventually, Dr. Dare signed resignations of his role as Manager of the entities. 

10. On March 30, 2020, most of the MOSC assets excluding accounts receivable were

sold to a third party. The Northern Trust Company as a secured creditor of MOSC and MAG,

received the majority of the proceeds of the sale, subject to certain carveouts approved by this 

Court.

RELIEF REQUESTED

11. For the reasons set forth below, the Debtors request that this Court entered an Order 

to Show Cause Against Amos Dare, M.D. as to why he should not be held in contempt for 

attempting to divert receivables owned by the Debtor and/or a factor to a non-Debtor entity owned 

and/or controlled by him. Alternatively, the Debtors move the court to sanction Dr. Dare for 

violating the automatic stay, as the Debtors retain ownership of “unsold” accounts and LOP’s, 

subject to the lien of The Northern Trust Company but not as to PPBS interests, and the Debtors

retain a contingent interest in any excess funds remaining after the parties entitled to the “sold” 

accounts and LOP’s have been paid in full. 

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 3 of 10
12. More specifically, it has come to the Debtors’ attention that Dr. Amos Dare has 

directed a plaintiff’s attorney to direct payment of settlement monies due to the Debtor entities for 

treatment of plaintiff to an entity now owned by Dr. Dare. It is believed that Dr. Amos Dare, when 

he was manager of the Debtor entities, sold the Letters of Protection for patient to Med-Link in 

2016. It appears that the LOP for NOIF (defined below) was not sold and it is owned by PBBS.

13. Specifically, with regard to the plaintiff, attached to this Motion is an email string 

between plaintiff’s counsel and Amos Dare or his staff member Charlotte Spikes in which Dr. 

Amos Dare directs the plaintiff’s attorney to send payment on the invoices a non-Debtor entity 

known as Neurosurgery & Orthopedic Institute of Florida d.b.a Dr Amos O Dare, MD,PA. Also 

included in this attachment are the ledgers showing the sums are due to PBBS, MOSC, MAG and 

Neurological & Orthopedic Institute of Florida (“NOIF”), which is registered as a fictitious name 

of PBBS. As evidenced by the various emails, Charlotte Spikes from Neurosurgery & Orthopedic 

Institute of Florida d.b.a Dr Amos O Dare, MD, PA, instructs the plaintiff’s law firm that the bills 

due to PBBS, MOSC, MAG and NOIF were assigned to Neurosurgery & Orthopedic Institute of 

Florida d.b.a Dr Amos O Dare, MD, PA.:

From: Selena Zugras <selena@thefllawfirm.com>

Sent: Wednesday, May 6, 2020 9:46 AM

To: Amos Dare <cspike@aodmdpa.com>

Subject: Re: Confirming balance

Our client was a patient when the facility was named under Palm Beach Pain and Spine, are 

you able to provide me with that billing ledger as well? From my understanding there are two 

separate bills.

On Wed, May 6, 2020 at 10:56 AM Amos Dare <cspike@aodmdpa.com> wrote:

Hello,

It is the same but if you need it to say Palm Beach Brain and Spine I can redo it for you.

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 4 of 10
Thank you,

Charlotte Spikes

Administrative Assistant

cspike@aodmdpa.com

561-844-0120

Neurosurgery & Orthopedic Institute of Florida

d.b.a Dr Amos O Dare, MD,PA

130 JFK Dr. #138

Atlantis, Fl 33462

From: Selena Zugras <selena@thefllawfirm.com>

Sent: Wednesday, May 6, 2020 11:11 AM

To: Amos Dare <cspike@aodmdpa.com>

Subject: Re: Confirming balance

No, that is not necessary, however can you confirm that upon settlement we would send one 

check made out to Neurosurgery & Orthopedic Institute of Florida?

From: Amos Dare <cspike@aodmdpa.com>

Date: Wed, May 6, 2020 at 11:13 AM

Subject: Re: Confirming balance

To: Selena Zugras <selena@thefllawfirm.com>

Yes, that's correct. Please note: 

All professional and facility bills are assigned to :

Neurosurgery & Orthopedic Institute of Florida, LLC dba: Amos O Dare, MD, PA.

Please make all payments to: 

Neurosurgery & Orthopedic Institute of Florida, LLC

dba: Amos O Dare, MD, PA.

8185 Via Ancho Rd, P.O. Box 880347, Boca Raton, FL 33488.

Please contact: Charlotte Spikes at Cspike@aodmdpa.com for all billing questions.

Thank you,

Charlotte Spikes

Administrative Assistant

cspike@aodmdpa.com

561-844-0120

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 5 of 10
Neurosurgery & Orthopedic Institute of Florida

d.b.a Dr Amos O Dare, MD, PA

130 JFK Dr. #138

Atlantis, Fl 33462

14. Dr. Amos Dare, as the Manager of the Debtors when these cases were initially filed, 

had full knowledge that the income from the unsold receivables must be deposited in the DIP 

accounts. Specifically, paragraph 2 of the Cash Collateral Order [D.E . #112] entered by this Court 

when Dr. Amos Dare was the Manager provides that:

On an interim basis, through and including the next cash collateral hearing date set 

forth below, the “cash collateral” of the Debtors as defined in Section 363 of the 

Bankruptcy Code, including such “cash collateral” that is claimed as collateral of 

Northern Trust or any of the factors. The “cash collateral” includes all pre-petition 

and post-petition revenues of the Debtors (but, for purposes of this Order, excludes 

purchased medical receivables and related “letters of protection” and the proceeds 

thereof whose status is addressed below), which shall be turned over and paid to 

the applicable Debtors for deposit into their separate Debtor in Possession bank 

accounts, and shall not be commingled. The Debtors’ “cash collateral” shall be used 

solely to pay the applicable Debtor’s ordinary operating expenses as described in 

the Budgets attached hereto as Exhibit 1, that become due and are payable through 

the date of the next hearing on cash collateral as set forth below, or as otherwise 

ordered by this Court. The Debtors’ authorization to use cash collateral during the 

interim period is limited to a variance not to exceed 10% of any particular line item 

expense on the Budgets attached hereto, if warranted under the circumstances 

(which the applicable Debtor shall explain to Northern Trust and the factors upon 

request), unless otherwise agreed in writing between the parties or by Order of this 

Court. Furthermore, Dr. Amos Dare has agreed to defer his salary from all three 

Debtors until such time as there are available net funds to pay the deferred salary. 

However, the Debtor shall be required to provide notice to Northern Trust Bank 

and the factors that said deferred compensation has or will be paid to Dr. Amos 

Dare. Alternatively, Dr. Dare’s action is clearly the exercise of dominion or control 

of the Debtors’ interest in property of the estate under Section 541(a), and thus 

violates the automatic stay. Fair points. I think he is violating the automatic stay 

as he is exercising control over property of the estate. I believe there is case law 

under 105 for the proposition that the court can hold a party in contempt for stay 

violations. 362(m) applies only to individual debtors, but I think courts have used 

105 to get to a similar result for corporate debtors, if memory serves correct. 

(Emphasis added.)

15. With regard to the Purchased Receivables, the Cash Collateral Order provided the 

following structure:

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 6 of 10
Income collected by the Debtors from medical receivables and related “Letters of 

Protection” that have been sold to factors shall not be used to pay expenses during 

the interim period, but shall be held by the applicable Debtor, until further order of 

the Court with respect to the affected factors, and the applicable Debtor shall 

segregate and hold such proceeds in separate debtor-in-possession bank accounts, 

immediately notifying the affected factor and Northern Trust, and disburse the same 

to the affected factor to the extent stay relief has been granted in favor of such 

factor, without prejudice to the asserted superior claim of Northern Trust to the 

same, which claim the factors dispute. The receipt by the factors of proceeds from 

the Debtors under this provision does not affect the respective rights of the factors 

and Northern Trust as to MOSC’s receivables and related “Letters of Protection” 

that exist under applicable non-bankruptcy law prior to their receipt of said 

proceeds.

16. For this reason, the Debtors were required to open up second Debtor in Possession 

accounts to segregate the funds.

17. During the course of this case, this Court entered three separate Stay Relief Orders, 

each of similar form, to direct and allow each of the factors to send Notices of Assignment directly 

to the law firm payors of the payments on the Purchased. The Debtors continue to maintain the 

second Debtor in Possession accounts to segregate funds in the event payment for a Purchased 

Receivable was inadvertently sent to the Debtors. The Stay Relief Order as to Echelon Medical 

Capital, LLC was entered at D.E. #78 on September 13, 2019, as to Well States Healthcare at D.E. 

#115 on September 26, 2019 and as to Momentum Funding, LLC, Med-Link Capital, LLC, and 

Medical Financial Group Holdings, LLC at D.E. #235 on December 23, 2019. 

18. By Dr. Amos Dare directing a law firm payor to send his new business payment on 

a receivable owned by the Debtors, he is in direct violation of this Court’s Cash Collateral Order 

[D.E. #112, as well as all subsequently entered interim Cash Collateral Orders].

19. By Dr. Amos Dare directing a payment on a Purchased Receivable to be paid to his 

new business entity, he is in violation of this Court’s Stay Relief Order.

20. Based on the above facts, the Debtors request that this Court enter an Order to Show 

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 7 of 10
Cause as to why Dr. Amos Dare should not be held in contempt for attempting to divert an asset 

of the estate and/or an asset that was sold to a third party (to which the residuals would be an asset 

of the estate) to a new non-Debtor entity owned or controlled by him. No medical receivables or 

related Letters of Protections pertaining to this patient have been assigned to any non-Debtor entity 

and this action appears to have been undertaken solely to benefit Dr. Amos Dare to divert estate 

assets to him personally.

21. The Debtors have grave concerns that this is not the first time this type of request 

has been made by Dr. Amos Dare or his staff at his new business venture. 

22. Had this plaintiff’s counsel not been puzzled by the request and conducted further 

inquiry, these payments may have been made to Neurosurgery & Orthopedic Institute of Florida, 

LLC instead of to the Debtor and/or Med-Link.

WHEREFORE, the Debtors respectfully request this Court enter Order to Show Cause 

Why Amos Dare, M.D. Should not be Held in Contempt and based on the facts detailed above 

such other relief as this Court deems just and proper. That Order should also direct that to the 

extent not produced pursuant to any subpoena service upon Dr. Dare that he is required to produce 

to the Court and creditors with an interest in the accounts and LOP’s, at the time of the hearing 

set by the Court, an accounting of any other accounts or LOP’s for medical bills issued by any of 

the Debtors or their fictitious entities for which he or any entity over which he has control has 

asserted since the petition date the right or entitlement to collect and such other documentation 

describing any communication to or from any law firms or insurance companies for such account 

or LOP’s.

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for 

the Southern District of Florida and that a true and correct copy of the foregoing has been furnished 

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 8 of 10
via ECF to parties registered in this case to receive service and via U. S. Mail to the parties listed 

below this 27th day of July, 2020.

KELLEY, FULTON & KAPLAN, P.L.

Attorneys for the Debtor in Possession

1665 Palm Beach Lakes Blvd.

The Forum - Suite 1000

West Palm Beach, FL 33401

Phone (561) 684-5524

Facsimile (561) 684-3773

BY: __/s/ Craig I. Kelley _

Craig I. Kelley, Esq.

Florida Bar 782203

Dana Kaplan, Esq.

Florida Bar 44315

Mailing Information for Case 19-20831-MAM

Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service for 

this case. 

• Joaquin J Alemany joaquin.alemany@hklaw.com, jose.casal@hklaw.com

• Eyal Berger eyal.berger@akerman.com, jeanette.martinez@akerman.com

• Jonathan M Davidoff jonathan@davidofflawfirm.com

• Robert W Davis robert.davis@hklaw.com, pauline.nye@hklaw.com

• Drew M Dillworth ddillworth@stearnsweaver.com, 

mfernandez@stearnsweaver.com;rross@stearnsweaver.com;dillworthcdp@ecf.epiqsyste

ms.com;cgraver@stearnsweaver.com;fsanchez@stearnsweaver.com

• Heidi A Feinman Heidi.A.Feinman@usdoj.gov

• Malinda L Hayes malinda@forbusinessandlife.com, mlhbnk@gmail.com

• Kelly D Haywood khaywood@bhpalaw.com

• John B. Hutton III huttonj@gtlaw.com, 

mialitdock@gtlaw.com;miaecfbky@gtlaw.com

• Dana L Kaplan dana@kelleylawoffice.com, 

tina@kelleylawoffice.com;craig@kelleylawoffice.com;cassandra@kelleylawoffice.com;

debbie@kelleylawoffice.com

• Benjamin Keck bkeck@rlklawfirm.com

• Craig I Kelley craig@kelleylawoffice.com, 

dana@kelleylawoffice.com,tina@kelleylawoffice.com,cassandra@kelleylawoffice.com;d

ebbie@kelleylawoffice.com

• Lawrence A Levine llevine@anl-law.com, pleadings@anl-law.com

• Ronald Lewis ron@lewisthomaslaw.com, bennie@cbrlawgroup.com

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 9 of 10
• David B Marks brett.marks@akerman.com, charlene.cerda@akerman.com

• Orfelia M Mayor omayor@ombankruptcy.com, legalservices@pbctax.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• Kristopher E Pearson kpearson@stearnsweaver.com, 

rross@stearnsweaver.com;larrazola@stearnsweaver.com;Atty_arrazola@bluestylus.com;

cgraver@stearnsweaver.com

• Kevin A Reck kreck@foley.com, bshelley@foley.com

• Reginald Sainvil sainvilr@gtlaw.com

• Mark J Wolfson mwolfson@foley.com, crowell@foley.com

Manual Notice List

The following is the list of parties who are not on the list to receive email notice/service for this 

case (who therefore require manual noticing/service). 

Edwin Lunsford

2000 PGA Blvd #3200A 

Palm Beach Gardens, FL 33408

Rountree

2987 Clairmiont Rd #175 

Atlanta, GA 30329

Wells Fargo Vendor Financial Svcs LLC

c/o Christine R Etheridge 

POB 13708

Macon, GA 31208

Amos Dare, M.D. 

22771 El Dorado Drive

Boca Raton, FL 33433

Amos O Dare, MD, PA

8185 Via Ancho Road

P.O. Box 880347

Boca Raton, FL 33488

Amos Dare, M.D. 

13290 Bryan Road

Loxahatchee, FL 33470

Neurological and Orthopedic Institute of Florida

644 Cesery Blvd., Suite 310

Jacksonville, FL 32211

.

Case 19-20831-MAM Doc 383 Filed 07/27/20 Page 10 of 10