UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re: Case No. 18-16248-BKC-MAM

Chapter 7

CHANCE & ANTHEM, LLC,

Debtor.

 /

ROBERT C. FURR, not individually but ADV. NO. 19-01302-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC,

Plaintiff,

v.

OCEAN REEF CLUB, INC.

Defendant.

 /

PLAINTIFF’S AGREED EX-PARTE MOTION TO SET ASIDE 

AND VACATE CLERK’S DEFAULT

Plaintiff, Robert C. Furr (“Plaintiff” or “Trustee”), as Chapter 7 Trustee of the Debtor, 

Chance & Anthem, LLC (the “Debtor”), by and through undersigned counsel, pursuant to Rules 

55 and 60 of the Federal Rules of Civil Procedure, Rules 7055 and 7060 of the Federal Rules of 

Bankruptcy Procedure and Local Rule 9013-1(C)(1), hereby files this Agreed Ex-Parte Motion to 

Set Aside and Vacate Clerk’s Default and in support thereof states:

1. On May 24, 2018, the Bankruptcy Court for the District of Maryland entered its 

Memorandum and Order Transferring Venue To The Bankruptcy Court For the Southern District 

of Florida, transferring the Bankruptcy Case to this Court.

2. On May 25, 2018, the Plaintiff was duly appointed and is acting Chapter 7 

Trustee of the Debtor’s bankruptcy estate (the “Estate”) [ECF No. 76].

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 1 of 7
2

3. On August 6, 2019, Plaintiff initiated the instant adversary proceeding by filing 

the Adversary Complaint To Avoid And To Recover Fraudulent Transfers And For Other Relief 

(the “Adversary Complaint”) [Adv. D.E. 1], against the Defendant, Ocean Reef Club, Inc. (the 

“Ocean Reef” or “Defendant”), in the above adversary proceeding (the “Adversary Case”). 

4. In the Adversary Complaint, the Trustee seeks to avoid and recover certain 

alleged fraudulent transfers totaling $13,233.88 (the “Transfer”) pursuant to §726.105(1)(b), 

Florida Statutes, and 11 U.S.C. §544(b)(1) and 550 of the Bankruptcy Code (Count I) and for 

Unjust Enrichment (Count II) (collectively, the “Transfer Claims”).

5. On September 7, 2019, Siskind filed his Motion to Intervene [Adv. D.E. 5] (the 

“Motion to Intervene”) and (ii) Motion to Strike Chapter 7 Trustee’s Scandalous, Impertinent 

Allegations and for Clarification [Adv. D.E. 7] (the “Motion to Strike”). The hearing on the 

Motion to Intervene and Motion to Strike is scheduled for October 2, 2019 at 10:00 a.m.

6. On September 9, 2019 the Plaintiff filed the Verified Motion for Clerk’s Entry of 

Default Against Defendant Ocean Reef Club, Inc. [Adv. D.E. 10].

7. On September 10, 2019, the Clerk of this Court, upon Plaintiff’s request, entered 

the Default. [Adv. D.E. 11].

8. On September 30, 2019, the Trustee filed the Response and Opposition to Jeffrey 

M. Siskind’s Motion to Intervene and Motion to Strike [Adv. D.E. 13].

9. Counsel for the Defendant conferred with counsel for the Plaintiff and advised 

Plaintiff’s counsel that Defendant intended to move to vacate the Clerk’s Default and defend this 

adversary proceeding on the merits. 

10. Plaintiff therefore requests that the Court grant the relief requested herein and 

allow this case to be decided on the merits. 

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 2 of 7
3

WHEREFORE, Trustee, ROBERT C. FURR, respectfully requests the entry of an 

Order, substantially in the form attached hereto as Exhibit A, setting aside and vacating the 

Clerk’s Default and granting such other and further relief as the Court deems just and proper.

Dated this 15th day of October, 2019.

GENOVESE JOBLOVE & BATTISTA, P.A.

Counsel to the Chapter 7 Trustee

100 S.E. 2nd Street, Suite 4400

Miami, FL 33131

Tel.: (305) 349-2300

Fax.: (305) 349-2310

By:/s/ Jesus M. Suarez 

John H. Genovese, Esq.

Florida Bar No. 280852

jgenovese@gjb-law.com

Jesus M. Suarez, Esq.

Fla. Bar No. 60086

jsuarez@gjb-law.com

Barry P. Gruher, Esq.

Fla. Bar No. 960993

bgruher@gjb-law.com

CERTIFICATE OF SERVICE

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

CM/ECF Notification upon all interested parties registered to receive electronic notification in 

this matter and/or via U.S. Mail as indicated on the Service List below on this 15th day of

October, 2019.

By:/s/ Jesus M. Suarez 

Jesus M. Suarez, Esq.

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 3 of 7
4

SERVICE LIST

Served Via CM/ECF Notification

Jeffrey M Siskind on behalf of Interested Party Jeffrey M Siskind jeffsiskind@msn.com, 

jmsesq500@gmail.com

Jesus M Suarez on behalf of Plaintiff Robert C. Furr jsuarez@gjb-law.com, gjbecf@gjblaw.com; chopkins@gjb-law.com; jzamora@gjb-law.com; ecastellanos@gjb-law.com; 

gjbecf@ecf.courtdrive.com

Served Via U.S. Mail

Erica L. English, Esq.

Counsel for Defendant

Katz Barron 

901 Ponce de Leon Blvd

10th Floor 

Coral Gables, FL 33134 

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 4 of 7
EXHIBIT A

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 5 of 7
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re: Case No. 18-16248-BKC-MAM

Chapter 7

CHANCE & ANTHEM, LLC,

Debtor.

 /

ROBERT C. FURR, not individually but ADV. NO. 19-01302-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC,

Plaintiff,

v.

OCEAN REEF CLUB, INC.

Defendant.

 /

AGREED ORDER GRANTING PLAINTIFF’S AGREED 

EX-PARTE MOTION TO SET ASIDE AND VACATE CLERK’S DEFAULT

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 6 of 7
2

THIS MATTER came before the Court without hearing upon the Agreed Ex-Parte 

Motion to Set Aside and Vacate Clerk’s Default (the “Motion”). Upon consideration of the 

Motion, the agreement of the parties as set forth therein, good cause appearing for the relief 

sought in the same, and the Court being otherwise fully advised in the premises, it is 

ORDERED as follows:

1. The Motion is GRANTED.

2. The Clerk’s Default entered in this matter is VACATED and SET ASIDE.

3. Attorney English, Counsel for Ocean Reef Club, Inc. shall accept service of the 

Complaint, Summons and Order Setting Filing and Disclosure Requirements for Pretrial and 

Trial file a response to the Complaint within twenty (20) days of the date of entry of this Order.

4. A pretrial conference in this matter is scheduled for November 14, 2019 at 10:00

a.m. in Room 801, Courtroom A of the United States Bankruptcy Court, Flagler Waterview 

Building, 1515 N. Flagler Drive, West Palm Beach, FL 33401. This Court’s Order Setting Filing 

and Disclosure Requirements for Pretrial and Trial shall remain in full force and effect, and all 

deadlines set in such Order shall be calculated based on the November 14, 2019 pretrial 

conference.

###

Submitted by:

Jesus M. Suarez, Esq.

GENOVESE JOBLOVE & BATTISTA, P.A.

Counsel for Chapter 7 Trustee

100 SE 2nd Street, Suite 4400

Miami, Florida 33131

Email: jsuarez@gjb-law.com

Attorney Suarez shall serve a conformed copy of this Order upon receipt of same on all parties in interest and shall 

file a Certificate of Service with the Court within 3 days after entry of the Order.

Case 19-01302-MAM Doc 17 Filed 10/15/19 Page 7 of 7