UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

Case No.: 19-22704-BKC-MAM 

IN RE: Chapter 11 Proceeding

JEROME GOLDEN CENTER

FOR BEHAVIORAL HEALTH, INC.

Debtor.

/

DEBTOR’S EMERGENCY MOTION TO DISMISS CHAPTER 11 PROCEEDING

EMERGENCY HEARING REQUESTED

Exigency

Debtor requests an emergency hearing to consider dismissal of this 

chapter 11 case in order to expediently consummate a sale of the 

healthcare facility to another healthcare provider who intends to 

continue to operate the facility as a psychiatric hospital. Due to the 

extremely time sensitive concerns of patient needs, and the complexity 

of medical licensing and compliance requirements, Debtor seeks to 

consummate the sale outside of the bankruptcy process so that the 

transition can occur in the most expedient and efficient manner. 

Contemporaneous with the filing of this Motion, Debtor seeks approval 

of a management agreement that will address all patient needs during 

the transition period. It is critical to the health and welfare of the 

patients that the sale of the entity and the management transition occur 

in a speedy and seamless manner. Debtor requests a hearing of 15 

minutes in duration by October 8, 2019.

The Debtor, Jerome Golden Center for Behavioral Health, Inc., (hereinafter referred to 

as “Debtor”), joined by Interested Party South East Florida Behavioral Network, Inc.

(“SEFBH”, “Managing Entity”, or “ME”), hereby file this Motion for Order of Voluntary 

Dismissal, and state:

1. This proceeding was originally filed on September 24, 2019 as a voluntary Chapter 

11 bankruptcy. 

2. The Debtor is a not for profit corporation operating a psychiatric and substance 

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abuse treatment hospital and outpatient programs with facilities in Palm Beach County, Florida.

3. At the time the Debtor filed its Chapter 11 bankruptcy, the Debtor was negotiating 

a DIP loan which would allow it to operate at least through the end of the year, during which time 

the Debtor would seek to accomplish an asset sale to repay its creditors. 

4. Within a very short time after filing the Petition, a for-profit healthcare facility 

offered to purchase the Debtor as a going-concern, maintain the existing entity, and operate the 

facilities. The acquiring entity has committed enough funds to bring the Debtor current on all of 

its payment obligation, satisfy all delinquent debts, and fund any shortfall needed to cover 

operating expenses going forward.

5. To ensure a seamless transition and minimize the possibility of any determinantal 

impact to patients during the transition, the Managing Entity has facilitated a management 

agreement between the Debtor and South County Mental Health Center, Inc., who will provide 

the staffing and contracted support services under the license of the Debtor. This will be 

accomplished through the execution of a management agreement for crisis stabilization services 

that include direct patient care and support the Debtor during the sale process, with funding from 

the Managing Entity to ensure that all patient needs are met during the transition and sale process.

6. The Management Entity is charged with oversight of behavioral heath facilities in 

Southeast Florida, and its primary objective in this matter is to ensure that patient needs are met,

and patient interests are protected throughout the transition. The management agreement is 

designed to reduce the Debtor’s monthly operating expenses while maintaining patient care 

standards until the acquiring entity is fully positioned to run the facilities. 

7. Due to the sensitive nature of the medical services offered by the Debtor, privacy 

concerns, patient welfare concerns, complexities regarding licensing and medical compliance, and 

the economic need for an efficient and expeditious turnover to the acquiring entity, the Debtor, the 

acquiring entity, and the Managing Entity are in agreement that conducting the sale process outside 

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of bankruptcy is in the best interests of the Debtor’s patients and its creditors.

8. Accordingly, an expedited dismissal of this case the Debtor will be able to continue 

operations during the transition, pay its creditors in full, and reorganize outside of bankruptcy.

9. Debtor warrants that all creditors will be noticed with this motion, per the attached 

service list, and that no creditor will be prejudiced by the dismissal of this case. 

WHEREFORE the Debtor, Jerome Golden Center for Behavioral Health, Inc., and 

Interested Party South East Florida Behavioral Network, Inc. respectfully request that the Court 

enter an Order, dismissing the pending Chapter 11 proceeding, and grant such other and further 

relief as the Court deems just and proper.

I hereby certify that I am admitted to the Bar of the United States District Court for the 

Southern District of Florida and I am in compliance with the additional qualification to practice in 

this court set forth in Local Rule 2091-1(A). 

PHILIP B. HARRIS, P.A.

Attorneys for Debtor

685 Royal Palm Beach Blvd., Ste. 205

Royal Palm Beach, FL 33411

Telephone: (561) 543-7963

By: /s/ Philip B. Harris

Philip B. Harris

Florida Bar No. 19781

philip@philipbharris.com

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished 

by CM/ECF on the 4th day of October 2019 to:

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Philip B Harris on behalf of Debtor Jerome Golden Center for Behavioral Health, Inc.

philip@philipbharris.com

Gerard M Kouri Jr., Esq on behalf of Creditor Ford Motor Credit Company LLC

gmkouripaecf@gmail.com, gmkouri@bellsouth.net

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Orfelia M Mayor on behalf of Creditor Palm Beach County Tax Collector

omayor@ombankruptcy.com, legalservices@pbctax.com

and by US mail to the parties on the attached Creditor Matrix. The Debtor will also serve all 

creditors being added to the matrix this day in the event the Creditor Matrix has not been updated 

with the additional creditors.

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