UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

Miami Division 

www.flsb.uscourts.gov

In re: 

 Chapter 11 

AMERICA-CV STATION GROUP, INC. Case No. 19-16355-AJC 

CARIBEVISION HOLDINGS, INC. Case No. 19-16359-AJC 

AMERICA-CV NETWORK, LLC Case No. 19-16976-AJC 

CARIBEVISION TV NETWORK, LLC Case No. 19-16977-AJC 

 

 Debtors. 

____________________________________/ (Jointly Administered Under Case 

No. 19-16355-BKC-AJC) 

 

OMNIBUS OBJECTION TO CLAIMS OF CARLOS REYES, CELIA AMORY, 

ELIONIC ROSELL, GUILLERMO NARDO, LUIS TEJERA, AND MERCEDES LEON, 

INDIVIDUALLY, AND LUIS TEJERA, AS CLASS REPRESENTATIVE 

IMPORTANT NOTICE TO CREDITOR: 

THIS IS AN OBJECTION TO YOUR CLAIM

This objection seeks either to disallow or reduce the amount or change the priority 

status of the claim filed by you or on your behalf. Please read this objection carefully to 

identify which claim is objected to and what disposition of your claim is recommended. 

If you disagree with the objection or the recommended treatment, you must file a 

written response WITHIN 30 DAYS from the date of service of this objection, explaining 

why your claim should be allowed as presently filed, and you must serve a copy to the 

undersigned attorney OR YOUR CLAIM MAY BE DISPOSED OF IN ACCORDANCE 

WITH THE RECOMMENDATION IN THIS OBJECTION. 

If your entire claim is objected to and this is a chapter 11 case, you will not have the 

right to vote to accept or reject any proposed plan of reorganization until the objection is 

resolved, unless you request an order pursuant to Bankruptcy Rule 3018(a) temporarily 

allowing your claim for voting purposes. 

The written response must contain the case name, case number, and must be filed 

with the Clerk of the United States Bankruptcy Court to: 

United States Bankruptcy Court 

C. Clyde Atkins United States Courthouse 

301 North Miami Avenue, Room 150 

Miami, Florida 33128 

Case 19-16355-LMI Doc 161 Filed 04/17/20 Page 1 of 6
A copy of the written response must also be sent to: 

Heather L. Harmon, Esq. 

Genovese Joblove & Battista, P.A. 

100 Southeast Second Street, 44th Floor 

Miami, Florida 33131 

hharmon@gjb-law.com 

AMERICA-CV STATION GROUP, INC., CARIBEVISION HOLDINGS, INC., 

AMERICA-CV NETWORK, LLC and CARIBEVISION TV NETWORK, LLC (collectively, the 

“Debtors”), by and through their undersigned counsel, and pursuant to Fed. R. Bankr. P. 3007 and 

Local Rule 3007-1, file this objection (“Objection”) to the following Proofs of Claims filed in the 

case of America-CV Station Group, LLC: 

Claim Number Claimant Claim Amount 

13 Luis Tejera, as Class Representative $3,000,000 

12 Luis Tejera, individually $100,000 

17 Elionic Rosell, individually $100,000 

18 Mercedes Leon, individually $100,000 

19 Celia Amory, individually $100,000 

20 Carlos Reyes, individually $100,000 

21 Guillermo Nardo, individually $100,000 

(collectively, the “Tejera Claims”) filed by the above-referenced individuals and alleged class 

representative (collectively, the “Tejera Claimants”). The filing of this Objection does not impair, 

and is without prejudice to, the Debtors’ rights to further object to the Tejera Claims on any other 

grounds or to seek any further or additional relief available under the Bankruptcy Code or any 

other applicable law. In support thereof, the Debtors state as follows: 

Case 19-16355-LMI Doc 161 Filed 04/17/20 Page 2 of 6
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1. On May 14, 2019, AMERICA-CV STATION GROUP, INC., CARIBEVISION 

HOLDINGS, INC. and on May 28, 2019, AMERICA-CV NETWORK, LLC and

CARIBEVISION TV NETWORK, LLC (respectively and collectively, the “Petition Date”), each 

filed a voluntary petition in this Court for relief under Chapter 11 of Title 11 of the United States 

Code (the “Bankruptcy Code”). Since that time, the Debtors have operated as debtors-inpossession pursuant to Sections 1107 and 1108 of the Bankruptcy Code. 

2. The Tejera Claims are each related to certain litigation filed by the Tejera 

Claimants, among others (collectively, the “Plaintiffs”), in 2009 against Lincoln Lending Services, 

LLC and Rita Gomez (collectively, the “Lincoln Defendants”) (Case No. 09-76467, Miami-Dade 

Circuit Court) (the “Tejera Litigation”). In October 2013, the Plaintiffs filed a Fifth Amended 

Complaint naming Omar Romay and Debtor America-CV Network, LLC (“ACV Network”) as 

defendants in the Tejera Litigation. 

3. The crux of the Tejera Claimants’ alleged claims against ACV Network is that 

ACV Network aired commercials for the Lincoln Defendants and their affiliates while the Lincoln 

Defendants may have been engaged in fraudulent activity. 

4. After years of protracted litigation, on February 27, 2019, the Third District Court 

of Appeals (Appellate Case No. 3D16-2746) issued a ruling which, in pertinent part, reversed the 

Circuit Court and remanded the previously dismissed Count 21 (civil conspiracy to perpetrate 

fraud in the inducement) back to the Circuit Court for further proceedings. 

5. Count 21 is the only count at issue against ACV Network. There are 13 additional 

Defendants named in Count 21. 

6. First, there has been no class certification in the Tejera Litigation. As a result, in 

addition to the Debtors’ objections on the merits, Claim 13 filed by Luis Tejera, as Class 

Case 19-16355-LMI Doc 161 Filed 04/17/20 Page 3 of 6
Representative, should be stricken and disallowed in its entirety. 

7. The remaining claims of the Tejera Claimants were filed on behalf of individuals. 

8. The Debtors object to the Tejera Claims on the basis that they are excessive, 

unliquidated and not supported by any documents attached to the Tejera Claims. The Tejera 

Claimants have not established a prima facie case that ACV Network is liable to the Tejera 

Claimants. No Court in any jurisdiction has found otherwise. 

9. Further, the alleged behavior that is the genesis for the Tejera Claims took place 

before ACV Network, in its current corporate iteration, even existed. 

10. Further, to the extent the Tejera Claimants have an allowed claim against any of 

the Debtors, such claims may be covered by insurance and the Tejera Claimants should be limited 

to recovery therefrom. 

11. As a result, the Tejera Claims should be stricken and disallowed in its entirety, or, 

in the alternative, the Tejera Claimants should be limited to recovery from the Debtors’ insurance 

policy. 

WHEREFORE, the Debtors respectfully request that this Court enter an Order: (i) 

sustaining this Objection, (ii) striking and disallowing each of the Tejera Claims in their entirety, 

or, in the alternative, limiting the Tejera Claimants to recovery from the Debtors’ insurance policy; 

and (iii) granting such other and further relief as is proper. 

Case 19-16355-LMI Doc 161 Filed 04/17/20 Page 4 of 6
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Respectfully submitted on April 17, 2020. 

 GENOVESE JOBLOVE & BATTISTA, P.A. 

Attorneys for Debtors-in-Possession 

100 Southeast Second Street, Suite 4400 

 Miami, Florida 33131 

 Telephone: (305) 349-2300 

 Facsimile: (305) 349-2310 

 By: /s/ Heather L. Harmon 

 Paul J. Battista, Esq. 

Florida Bar No. 884162 

pbattista@gjb-law.com

Heather L. Harmon 

Florida Bar No. 013192 

hharmon@gjb-law.com

CERTIFICATE OF SERVICE

 I HEREBY CERTIFY that a true and correct copy of the foregoing was served on April 

17, 2020 via CM/ECF to all parties requesting electronic notice and via U.S. Mail to all parties 

listed below. 

 By:_/s/ Heather L. Harmon 

 Heather L. Harmon, Esq. 

 Florida Bar No. 013192

Carlos Reyes 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Celia Amory 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Case 19-16355-LMI Doc 161 Filed 04/17/20 Page 5 of 6
Guillermo Nardo 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Elionic Rosell 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Luis Tejera 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Luis Tejera, as Class Representative 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Mercedes Leon 

c/o Ricardo Corona, Esq. 

Corona Law Firm, PA 

3899 NW 7th St, Ste 202-B 

Miami FL 33126 

Case 19-16355-LMI Doc 161 Filed 04/17/20 Page 6 of 6