Columbine seeks to expose North Shore stockholders to lawsuit

LOVELAND — The gloves appear to be coming off. Columbine Management Services Inc. and its affiliated companies have asked the judge in the North Shore Manor Inc. bankruptcy case for leave to file a lawsuit against the individual investors in the nursing home property.

Judge Joseph Rosario so far has denied Columbine’s motion because of technical deficiencies, but if Columbine cures those deficiencies — which it attempted to do today with a followup filing — the court might give authorization to proceed.

Columbine’s motion seeks to “pursue state law claims against” multiple individuals from the Levin, Kohn, Fogel, and Radetsky families, collectively known as the heirs of the nursing home founders, who own 85% of the shares of North Shore. An attorney for one of the parties was also named.

Robert Wilson, the owner of Columbine, owns the remaining 15% of the company shares.

The motion does not seek to file a lawsuit against North Shore Manor itself, which is the party behind the bankruptcy action. Instead, it seeks to expose the heirs to state law claims.

The action lays out allegations against certain heirs. 

“On Dec. 15, 2022, the heirs appointed Mayer Kohn as NSM’s new president … Mayer Kohn took control of NSM’s bank account and paid over $40,000 to NSM’s counsel to negotiate a stock purchase agreement to sell his father’s stock to Bob (Wilson) for a premium. … Kohn advanced his father’s interests over the interests of NSM and NSM’s residents,” the motion said.

“Mayer Kohn’s father was a subsequent transferee of federal COVID relief funds, which his father refused to return. It appears that Mayer Kohn  has no health care experience, which has resulted in a business disaster for NSM.

“Mayer Kohn was a leader in the plot to extort $10,000,000 from Bob,” the narrative continued.

The motion contends that Kohn has dodged service of subpoenas.

Similar allegations were outlined against Linda and David Fogel.

The motion outlines what it called “outrageous” conduct, “fraudulent” documents and secret meetings.

The motion seeks a Nov. 14 hearing on the motion. The judge has ordered Columbine to clear up the technical deficiencies by Friday or he may deny the motion.The related bankruptcy cases filed in U.S. Bankruptcy Court in Denver are North Shore Manor Inc., case number 23-10809, and North Shore Associates LLC, case number 23-10808.

on Facebook on LinkedIn