IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ------------------------------------------------------------------------IN RE: ) ) CHURCH

STREET HEALTH MANAGEMENT, LLC ) ) Debtor ) ------------------------------------------------------------------------IN RE: ) ) SMALL SMILES HOLDING COMPANY, LLC ) ) Debtor ) ------------------------------------------------------------------------IN RE: ) ) FORBA NY, LLC ) ) Debtor ) ------------------------------------------------------------------------IN RE: ) ) EEHC, INC. ) ) Debtor ) ------------------------------------------------------------------------IN RE: ) ) FORBA SERVICES, INC. ) ) Debtor ) -------------------------------------------------------------------------

Chapter 11 Case No. 12-01573

Chapter 11 Case No. 12-01574

Chapter 11 Case No. 12-01575

Chapter 11 Case No. 12-01576

Chapter 11 Case No. 12-01577

FIRST EXPEDITED MOTION TO SET EMERGENCY HEARING ON FIRST DAY MOTIONS TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE: Church Street Health Management, LLC (CSHM) and its affiliated debtors in the above-captioned chapter 11 bankruptcy cases, as debtors in possession (collectively, the Debtors), as and for their motion for the relief requested herein, respectfully state as follows:

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RELIEF REQUESTED 1. By this motion, the Debtors hereby move this Court, pursuant to section 105(a) of

the Bankruptcy Code and L.B.R. 9075-1, for entry of an order substantially in the form annexed hereto, authorizing the Court to conduct an emergency hearing on certain expedited motions, identified below (the First Day Motions), which Debtors filed contemporaneously with this Motion. The following First Day Motions involve administrative and procedural matters as well as matters critical to proper functioning of the Debtors business operations: (a) Expedited Motion of Debtors Pursuant to Rule 1015(B) of the Federal Rules of Bankruptcy Procedure For Joint Administration and Procedural Consolidation of Cases; (b) Emergency Motion of the Debtors for Entry of Orders (I) Authorizing the Debtors to (A) Obtain Post-Petition Senior Secured Financing and (B) Utilize Cash Collateral, (II) Granting Liens and Superpriority Administrative Expense Status, (III) Granting Adequate Protection, (IV) Modifying the Automatic Stay, and (V) Scheduling a Final Hearing (the DIP Motion); (c) Expedited Motion of The Debtors For Entry of an Expedited Order (I) Authorizing, But Not Requiring, the Debtors To Pay Prepetition and Post-Petition Wages, Salaries and Other Compensation, (II) Authorizing, But Not Requiring, the Debtors To Maintain Benefits Programs, and (III) Directing Financial Institutions To Honor All Related Checks and Electronic Payment Requests; (d) Expedited Motion of the Debtors for an Expedited Order Authorizing Maintenance of Existing Bank Accounts, Continued Use of Existing Business Forms, Continued Use of Existing Cash Management System, and Granting Other Relief; (e) Expedited Application of Debtors for an Expedited Order Pursuant to Bankruptcy Rule 2014(a) and Sections 327(a) and 328(a) of the Bankruptcy Code Authorizing the Retention and Employment of Morgan Joseph as Investment Banker to the Debtors as of the Petition Date; (f) Procedures; Expedited Motion of Debtors to Set Limited Notice and Case Management

(g) Expedited Motion of the Debtor for an Order Granting an Extension of Time to File Statements of Financial Affairs and Schedules of (I) Assets and Liabilities, (II) Current Income and Expenditures and (III) Executory Contracts and Unexpired Leases; and

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(h) Second Expedited Motion to Shorten Notice and Set Expedited Hearing for Certain Motions. 2. Generally, expedited consideration and an emergency hearing on the First Day

Motions are necessary to avoid irreparable harm to the Debtors and their bankruptcy estates. As set forth in detail in each of the First Day Motions, the relief requested in the First Day Motions is critical to maintaining the viability of Debtors ongoing operations and, therefore, crucial to the success of the Debtors Chapter 11 efforts. The specific basis for expedited relief for each First Day Motion is as follows: (a) Joint Administration. Joint administration of these cases is necessary to ease the administrative burden on the Court and all parties in interest, and to avoid the significant expense and confusion that could result from having multiple duplicate pleadings filed in duplicate cases. (b) DIP Motion. Expedited relief is necessary to allow the Debtors business operations to continue uninterrupted. Without the immediate use of cash collateral and the ability to obtain debtor in possession financing, the Debtors will be unable to operate their businesses, retain or pay employees, maintain their assets, conduct the sale of substantially all of their assets, or perform many of the tasks which are necessary to maximize the value of their assets. (c) Wages Motion. Expedited relief is necessary to insure that there is no disruption to the payment of wages and other benefits to employees, and thereby no disruption to operations. (d) Maintain Pre-Petition Bank Accounts and Cash Management System. Expedited relief is necessary to avoid disruption to Debtors business operations and to preserve a business as usual atmosphere in the critical first few days of this case. The confusion that would result absent the relief requested herein could cause a severe disruption in cash flow and impair the Debtors ability to consummate an efficient reorganization. (e) Employ Investment Banker. Expedited relief is necessary to comport with the timing requirements of the Investment Banker regarding their retention and to allow sufficient time for investment banker to market the Debtors assets. (f) Limited Notice and Case Management Procedures. Limited notice of routine matters is requested to avoid the significant expense that would otherwise result from providing notice to all creditors and parties in interest. Expedited consideration is necessary to maximize the benefit from limiting the scope and manner of subsequent notices and establishing Omnibus hearing dates.

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(g) Extend Time to File Schedules and Statements. Expedited consideration is necessary to ease the administrative burden on the Debtors at the commencement of these cases to allow them to focus on stabilizing their businesses and commence the sale process for their assets. (h) Second Expedited Motion to Shorten Notice and Set Expedited Hearing. Expedited relief is necessary to meet the timeline required by the proposed post-petition lenders, to minimize the number of separate hearings on related motions, for the convenience of the parties in travelling and attending hearings, to reduce significant expense to the estate, and to adequately prepare for a potential sale of substantially all of the Debtors assets within the timeline required under the proposed post-petition financing arrangements. 3. Upon entry of the order approving this Motion, the Debtors will immediately

serve the order and notice of the hearing on all First Day Motions upon the following parties or, in lieu thereof, to their counsel, if known: (a) the Office of the United States Trustee for the Middle District of Tennessee; (b) counsel to the administrative agent for the Debtors prepetition secured lenders (c) the holders of the fifty (50) largest unsecured claims on a consolidated basis against the Debtors; and (d) the Debtors proposed debtor in possession lenders and their counsel, by telephone, hand-delivery, facsimile, electronic mail or overnight delivery. As this

Motion is seeking first-day relief, notice of this Motion and any order entered hereon will be served on all parties required by L.R. 2081-1. Due to the urgency of the circumstances surrounding this Motion and the nature of the relief requested herein, the Debtors respectfully submit that no further notice of this Motion is required. 4. The Debtors request that the emergency hearing on the First Day Motions be held

on Wednesday, February 22, 2012 at 11:00 a.m., or as soon as possible thereafter. To the extent the Court requires further or final hearings on any of the First Day Motions, the Debtors request

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that such further or final hearing be set contemporaneously with the final hearing on the DIP Motion, which requested timing is the week of March 12, 2012.1 5. The Debtors request that the Court deem service of the First Day Motions and

notice of emergency hearing as set forth herein to be adequate and appropriate under the circumstances and in full compliance with applicable provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the Local Rules. Any notice of further or final hearing on a First Day Motion will be provided in the same manner as the notice of final hearing on the DIP Motion. JURISDICTION AND VENUE 6. This Court has jurisdiction over this Motion under 28 U.S.C. 1334. This is a

core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue of these proceedings and this Motion is proper in this district pursuant to 28 U.S.C. 1408 and 1409. PROCEDURAL BACKGROUND 7. On the date hereof (the Petition Date), each of the Debtors filed a voluntary

petition with this Court for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. 101-1532, as amended (the Bankruptcy Code). 8. The Debtors continue to manage and operate their businesses as debtors in

possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 9. No creditors committee has yet been appointed in these cases by the United

States Trustee. Further, no trustee or examiner has been requested or appointed in any of the Debtors chapter 11 cases.
1

By separate motion (the Second Expedited Motion to Shorten Notice and Set Expedited Hearing for Certain Motions filed contemporaneously herewith), the Debtors are further seeking expedited hearings on other motions also filed at the beginning of these cases. For reasons of judicial economy and the vital nature of relief requested in such motions, the Debtors will seek that such other motions also be heard at the same time as the final hearing on the DIP Motion and any further and final hearings on the First Day Motions mentioned herein.

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10.

Concurrently with the filing of this Motion, the Debtors filed a motion with this

Court seeking the joint administration of their chapter 11 cases for procedural purposes only. FACTUAL BACKGROUND 11. The factual background relating to the Debtors commencement of these chapter

11 cases is set forth in detail in the Affidavit of Martin J. McGahan, the Chief Restructuring Officer of CSHM, in Support of Chapter 11 Petitions and First Day Pleadings filed contemporaneously herewith. WHEREFORE, the Debtors respectfully request the entry of an order granting the relief requested in this Motion and granting such other and further relief as Court deems just and proper under the circumstances. Dated: February 20, 2012 Respectfully submitted, By: /s/ John C. Tishler _____________ John C. Tishler, BPR No. 13441 Katie G. Stenberg, BPR No. 22301 Robert P. Sweeter, BPR No. 28859 WALLER LANSDEN DORTCH & DAVIS, LLP 511 Union Street, Suite 2700 Nashville, TN 37219 Telephone: (615) 244-6380 Facsimile: (615) 244-6804 Email: john.tishler@wallerlaw.com katie.stenberg@wallerlaw.com robert.sweeter@wallerlaw.com Proposed Attorneys for the Debtors and Debtors in Possession

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NOTICE ANNEX 1 Pursuant to 11 U.S.C. 342, the following sets forth the name, addresses and last four digits of the tax identification number for each of the referenced Debtors:

DEBTORS AND ADDRESSES Church Street Health Management, LLC 618 Church Street, Suite 520 Nashville, Tennessee 37219 Small Smiles Holding Company, LLC 618 Church Street, Suite 520 Nashville, Tennessee 37219 Forba NY, LLC 618 Church Street, Suite 520 Nashville, Tennessee 37219 EEHC, Inc. 618 Church Street, Suite 520 Nashville, Tennessee 37219 Forba Services, LLC 618 Church Street, Suite 520 Nashville, Tennessee 37219

CASE NO. Case No. 12-01573

TAX I.D. NO. 2335

Case No. 12-01574

4993

Case No. 12-01575

8013

Case No. 12-01576

6506

Case No. 12-01577

4973

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