UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

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

CHANCE & ANTHEM, LLC, Chapter 7

Debtor.

_____________________________________/ 

ROBERT C. FURR, not individually but ADV. NO. 19-01298-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC, 

Plaintiff, 

v. 

JEFFREY M. SISKIND, et al.,

Defendants.

______________________________________/

ROBERT FURR,

Plaintiff,

v. ADV. NO. 19-01298-MAM

ROBERT GIBSON, et al.,

Defendants.

_______________________________/

 

AMENDED MOTION TO DISMISS ADVERSARY COMPLAINT

COMES NOW Defendant Jeffrey M. Siskind, and moves to dismiss Plaintiff’s complaint 

and states:

1. On several occasions beginning on October 8, 2019, Plaintiff has stated by and 

through its counsel that it would amend its complaint.

2. To date, even though Plaintiff has disavowed its current complaint, no amended 

complaint has been filed.

3. Inasmuch as Plaintiff has in effect admitted that it will not proceed under its 

Case 19-01298-MAM Doc 91 Filed 10/26/19 Page 1 of 4
current complaint, said complaint should be dismissed.

4. It is worth noting that the Plaintiff reportedly has sought to influence several 

defendants to refrain from filing defensive motions, presumably to dissuade other defendants 

from recognizing their numerous valid defenses to Plaintiff’s avoidance and recovery claims 

which, as the Court recognized, contained unproven allegations against the undersigned movant. 

The Court should view these attempts by Plaintiff to improperly influence adversary defendants 

as a form of bullying which is contrary to Plaintiff’s duty of professionalism and a purposeful 

means by which Plaintiff is attempting to avoid a just adjudication of its claims, most if not all of 

which are unenforceable. The various adversary defendants in this and the related adversary 

cases brought by Plaintiff should note that Plaintiff’s claims are conclusionary and intentionally 

incorporate pejorative and inflamed rhetoric, but don’t set forth a substantial factual basis. Most 

of the deceptive ‘storyline’ adopted by Plaintiff came from movant’s former ousted paralegal, a 

spurned and vindictive individual whose deposition testimony earlier this week contained false 

statements, for which the undersigned will seek a remedy once the deposition is concluded and a 

transcript is obtained. It is also important to note (1) that Plaintiff, as a ‘Chapter 7 Trustee,’ only 

represents the claims of creditors of the Debtor and is entirely separate and distinct from the U.S. 

Trustee, a distinction with a difference1; and (2) that all of the transfers which this Creditors’ 

Representative is attempting to avoid are not truly fraudulent as the term is usually understood. 

While also labelled “fraudulent transfers” within the Bankruptcy Code, the same term also 

denotes a different species of recoverable transfers that are intentional and made with knowledge 

that ‘the ship is sinking;’ an allegation that Plaintiff wisely avoided making. Contrastingly, 

constructively fraudulent transfers are identified by adopting a backward-looking analysis to 

discern whether a debtor was insolvent at the time of a transfer. In this and the other adversary 

1 A more appropriate description of a Chapter 7 Trustee is “Creditor’s Representative” because it avoids the false 

impression upon persons not acquainted with bankruptcy law and procedure that the Chapter 7 trustee is in any 

way related to a governmental agency, as is the case with the U.S. Trustee.

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cases which were filed by Plaintiff, transfers cannot be proven to be constructively fraudulent 

because Debtor was not insolvent at the time that said transfers were made.2 Unfortunately, until 

the Bankruptcy Code is amended to adopt more meaningful and understandable descriptors, 

many defendants facing unproven fraudulent transfer allegations by Chapter 7 Trustees will 

continue to be misled.

WHEREFORE, Defendant Jeffrey M. Siskind requests that the Court dismiss Plaintiff’s 

complaint, and for such other and further relief as appropriate.

Dated this 26

th day of October, 2019,

S I S K I N D L E G A L, P L L C

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

- Offices -

113 N. Monroe Street, 1st Floor

Tallassee, Florida 32301

- And -

3465 Santa Barbara Drive

Wellington, Florida 33414

TELEPHONE (561) 791-9565

FACSIMILE (561) 791-9581

Email: jeffsiskind@msn.com

CERTIFICATE OF SERVICE

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

October 26, 2019 upon all creditors and parties in interest registered to receive electronic 

notification on this case via the Court’s Case Management/Electronic Case Filing System 

and/or U.S. Mail or Personal Service of Process as reflected on the Service List below. 

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

2 The Bankruptcy Code should be revised to differentiate between Fraudulent Transfers which are made by a 

Debtor with the intent to deceive creditors and constructively fraudulent transfers which lack intent, the latter of 

which should be termed “recoverable transfers.”

Case 19-01298-MAM Doc 91 Filed 10/26/19 Page 3 of 4
SERVICE LIST

John H. Genovese, Esq., FBN 280852, Jesus M. Suarez, Esq., FBN 60086, GENOVESE 

JOBLOVE & BATTISTA, P.A. 100 S.E. 2nd Street, Suite 4400 Miami, FL 33131 Tel.: (305) 

349-2300 Fax.: (305) 349-2310, Via email to jgenovese@gjb-law.com and jsuarez@gjb-law.com

(Counsel to the Chapter 7 Trustee)

Samantha Tesser Haimo, Esq., FBN 148016, 7900 Peters Road, Suite B-200 Fort Lauderdale, FL 

33324 Tel: (954) 376–5956; Fax: (954) 206-0188, Via email to sth@womenatlawfl. (Counsel for 

Defendants OB Real Estate 1732, LLC, Wellington 3445, LP and Zokaites Properties, LP)

Jeffrey M. Siskind, individually 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to

jeffsiskind@msn.com

Siskind Legal Services, LLC c/o Jeffrey M. Siskind, Managing Member 3465 Santa Barbara 

Drive Wellington, FL 33414 Via e-mail to jeffsiskind@msn.com

Tanya Siskind, individually 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to

jeffsiskind@msn.com

Second Siskind Family Trust c/o Tanya Siskind, Trustee 3465 Santa Barbara Drive Wellington, 

FL 33414 Via e-mail to jeffsiskind@msn.com

CannaMed Pharmaceuticals, LLC c/o Jeffrey M. Siskind, Managing Member 3465 Santa 

Barbara Drive Wellington, FL 33414 Via e-mail to jeffsiskind@msn.com

Sovereign Gaming and Entertainment, LLC c/o Jeffrey M. Siskind, on behalf of William 

Siskind, deceased 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to

jeffsiskind@msn.com

Florida’s Association of Community Banks and Credit Unions, Incorporated c/o Jeffrey M. 

Siskind, President 3465 Santa Barbara Drive Wellington, FL 33414 Via e-mail to

jeffsiskind@msn.com

Sympatico Equine Rescue, Inc. c/o Jeffrey M. Siskind, President 3465 Santa Barbara Drive 

Wellington, FL 33414 Via e-mail to jeffsiskind@msn.com

Frank Zokaites, via email to frank@zokaites.com

Nancy Coleman, Esq. FBN 744859, Baritz & Colman LLP, 1075 Broken Sound Pkwy NW Ste 

102, Boca Raton, FL 33487-3541,Via email to ncolman@baritzcolman.com (Counsel for Robert 

Gibson)

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