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. 19-01301-MAM 

as Chapter 7 Trustee of the estate of the 

Debtor, Chance & Anthem, LLC, 

Plaintiff, 

v. 

ADVANCED AVIONICS, LLC, 

Defendant. 

______________________________________/ 

REPLY BY PLAINTIFF, ROBERT C. FURR, AS CHAPTER 7 TRUSTEE, TO 

RESPONSE TO DEBTOR’S EMERGENCY MOTION TO DISQUALIFY 

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

Chance and Anthem, LLC, by and through counsel, files this Reply by Plaintiff, Robert C. Furr, 

As Chapter 7 Trustee, to Response to Debtor’s Emergency Motion to Disqualify (the “Reply”), 

and in support of thereof states, as follows: 

I. PROCEDURAL HISTORY. 

1. On January 29, 2019 (the “Petition Date”) the Debtor, Chance and Anthem, LLC 

(“Debtor”) filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code (the 

“Petition”) in the United States Bankruptcy Court for the District of Maryland (the “Maryland 

Bankruptcy Court”), in the matter styled In re Chance & Anthem, LLC, Case No. 18-11168-TJC 

(the “Bankruptcy Case”). 

2. On August 6, 2019, the Plaintiff, Robert C. Furr, as Chapter 7 Trustee of the 

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Estate of Chance & Anthem, LLC (the “Plaintiff” or “Trustee”), filed an Adversary Complaint 

To Avoid And To Recover Avoidable Transfer And For Other Relief (the “Adversary 

Complaint”) [Adv. EFC No. 1] in the above adversary proceeding (the “Adversary Case”). 

3. On September 6, 2019, Defendant, Jeffrey Marc Siskind (“Attorney Siskind”), 

filed a Notices of Appearance As Counsel and Motions For Enlargement of Time of Time To 

Respond To Complaint (the “Motion for Extension”) [Adv. EFC No. 5] on behalf of Advanced 

Avionics, LLC (the “ Adversary Defendant”). 

4. On September 19, 2019, the Trustee filed the Motion by Plaintiff, Robert C. Furr, 

As Chapter 7 Trustee, To Disqualify Jeffrey Siskind As Counsel To Adversary Defendant (the 

“Motion to Disqualify”) [ECF. No. 08]. 

5. Thereafter, on October 4, 2019, Attorney Siskind filed his Response to Debtor’s 

Emergency Motion to Disqualify [ECF No. 11] (the “Response”). 

6. In the Response, there were several arguments raised by Attorney Siskind 

challenging, among other things, the Trustee’s standing to seek his disqualification as 

“purported” counsel for the Defendant and the basis of applying Florida Rules of Professional 

Conduct (the “Professional Rules”) to the circumstances of this adversary proceeding. 

II. SUPPLEMENTAL ARGUMENT.

There is no doubt that the Trustee has standing to file the Motion and seek 

disqualification of Attorney Siskind as counsel for the Defendant where, as a practical matter, the 

Trustee has stepped into the shoes of the Debtor and retains all attorney-client privileges of the 

estate. In re Fundamental Long Term Care, Inc., 492 B.R. 571 (M.D. Fla. 2013) Moreover, as 

discussed by the bankruptcy court in In re Morey, 416 B.R. 364, 366 (Bankr.D. Mass. 2009), the 

Debtor has a duty under section 521(a)(3) to cooperate with Plaintiff in the performance of the 

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trustee’s duties, including the collection of the estate property and reduction of that property to 

money under section 704(a)(1). This requires the Debtor to “disclose information that would 

assist the trustee in his efforts to recover assets of the estate,” even in adversary proceedings such 

as preference and fraudulent transfer actions and other actions in furtherance of the trustee’s 

duties. Id. at 366-367. 

Pursuant to 11 U.S.C. § 704(a)(1), the prosecution of avoidance claims held by the estate 

unquestionably falls within the scope of the Trustee’s responsibilities. At the time Attorney 

Siskind filed the Petition, the Debtor had a duty to cooperate and to disclose information that 

would assist the Plaintiff in his efforts as “trustee” to recover assets of the estate in connection 

with fraudulent transfers and other claims set forth in the Adversary Case. In re Morey, 416 B.R. 

364, 366 (Bankr. D. Mass. 2009); Pereira v. Allboro Bldg. Maint., Inc. (In re Allboro 

Waterproofing Corp.), 224 B.R. 286, 292 (Bankr.E.D.N.Y.1998). 

In Morey, the court analyzed the issue of whether the attorney for a Chapter 7 debtor, 

consistent with his or her ethical responsibilities, may undertake the representation of an entity 

whose interests potentially conflict with those to whom the debtor had a fiduciary duty-or 

whether a debtor may waive such a conflict. In its analysis, the court discussed the cases holding 

that simultaneous representation of the debtor and non-debtor defendants in an adversary 

proceeding creates an irreconcilable conflict of interest, and acknowledged that “very often these 

cases have arisen when attorneys for corporate debtors have sought to represent their principals 

in adversary proceedings brought against them.” Id. at 368 (citations omitted). In conclusion, the 

Morey court held, as this Court should here, that: 

“. . .the debtor’s duty to cooperate . . . might be directly opposed to [the attorney’s] 

interest’ in his representation of [the adversary defendant] in [the] adversary 

proceeding. . .’[C]ounsel here cannot adequately and vigorously represent [the 

adversary defendant] in [this adversary proceeding] while simultaneously 

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attempting to provide proper counsel to the Debtor in the underlying bankruptcy 

case.’ . . .[The debtor’s attorney] undertook to represent the Debtor who, 

correspondingly, undertook responsibilities to the Trustee and the bankruptcy 

estate in this case. [The debtor’s attorney] cannot fully and adequately perform 

the duties incident to that representation while simultaneously representing [the 

adversary defendant’s] interests which are adverse to the Trustee and the 

bankruptcy estate in this adversary proceeding.” 

Here, the Plaintiff has identified the actual conflicts of interests that exist between the 

Debtor and the representation of Attorney Siskind of an entity that has interests adverse to the 

Debtor in the Adversary Case. The argument by Attorney Siskind that the “interests of 

undersigned’s clients [Defendant] are substantially aligned inasmuch as the Trustee has alleged 

that all of them are the undersigned’s alter egos,” does not create a waivable conflict and runs 

counter to the Professional Rules. Accordingly, the prior representations of the Debtor by 

Attorney Siskind, particularly, in the Bankruptcy Case (both in Maryland and Florida), creates an 

irreconcilable conflict of interest that the Plaintiff is unable to waive. Because the Debtor has a 

duty to cooperate with the Trustee and the estate in recovering avoidable transfers and reducing 

it to money, the Plaintiff respectfully requests that the Court grant the Amended Motion to 

Disqualify precluding Attorney Siskind from further representing the Adversary Defendant in 

this Adversary Case. 

WHEREFORE, the Plaintiff, Robert C. Furr, as Chapter 7 Trustee, respectfully requests 

that the Court enter an Order: (i) granting the Amended Motion to Disqualify; (ii) disqualifying 

Attorney Siskind from representing and acting as counsel to the Defendant in the Adversary 

Case; and (iii) granting such additional relief as the Court may deem just and proper. 

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Respectfully submitted this 7th 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 notices on this 

matter as indicated on the Service List below on this 7th day of October, 2019. 

 

By:/s/ Jesus M. Suarez 

 Jesus M. Suarez, Esq. 

SERVICE LIST 

Served Via CM/ECF Notification upon: 

Jeffrey M Siskind on behalf of Defendant Advanced Avionics, LLC 

jeffsiskind@msn.com, jmsesq500@gmail.com 

Jesus M Suarez on behalf of Plaintiff Robert C. Furr 

jsuarez@gjb-law.com, gjbecf@gjb-law.com;chopkins@gjb-law.com;jzamora@gjblaw.com;ecastellanos@gjb-law.com;gjbecf@ecf.courtdrive.com

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