UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In re: 

CHANCE & ANTHEM, LLC, CASE NO. 18-16248-BKC-MAM 

Debtor. Chapter 7 

____________________________________/

ROBERT FURR,

Plaintiff,

v. ADV. NO. 19-01298-MAM

JEFFREY M. SISKIND, et al.,

Defendants.

____________________________________/

 

VERIFIED MOTION TO RECONSIDER ORDER DISMISSING BANKRUPTCY APPEAL

COMES NOW Defendants Tanya Siskind, the Second Siskind Family Trust, CannaMED 

Pharmaceuticals, LLC, Siskind Legal Services, LLC, Sovereign Gaming & Entertainment, LLC, 

Florida’s Association of Community Banks and Credit Unions, Inc. and Sympatico Equine Rescue, 

Inc. (“Defendants”), by and through undersigned counsel, and file this Motion to Reconsider Order 

Dismissing Bankruptcy Appeal pursuant to Fed. R. Civ. P. 6(b)(1) and 60(b)(1) as made applicable to 

the Bankruptcy Court, a copy of which is attached hereto, and state:

1. Defendants filed a Notice of Appeal (“Notice”) on December 10, 2019 at 3:39 a.m.

2. The deadline for filing said Notice was midnight on December 9, 2019.

3. Defendants’ undersigned counsel began working to prepare said Notice, in addition to

other documents to be filed that night, early in the evening of December 9, 2019 in order to file them 

timely.

4. Unfortunately, Defendants’ undersigned counsel inadvertently fell asleep while 

Case 19-01298-MAM Doc 199 Filed 12/16/19 Page 1 of 4
resting his eyes while working on said documents and did not awaken until after the December 9, 

2019 midnight deadline.

5. Immediately upon awakening, Defendants’ undersigned counsel completed the Notice 

and filed same. Undersigned counsel submits that his negligently and inadvertently falling asleep 

was not foreseeable nor within his reasonable control, and therefore constitutes excusable neglect.

6. There was no danger of prejudice to any party due to the delayed filing of the Notice 

because the filing of the Notice occurred well before business hours on December 10, 2019. Nor was 

there more than an insignificant impact on these judicial proceedings from the brief delay resulting 

from missing the deadline. And also, Defendants’ undersigned counsel’s immediate attention to 

rectify missing the deadline demonstrates his good faith. An underlying premise of the excusable 

neglect doctrine is that it exists to prevent victories by default. Newgen, LLC. v. Safe Cig, LLC, 

840 F.3d 606, 616 (9th Cir. 2016) (observing that it is “the general rule that default judgments 

are ordinarily disfavored). Cases should be decided on the merits, not on technicalities. Rodriguez 

v. Village Green Realty, LLC, 788 F.3d 31, 47 (2d. Cir. 2015) (citing Cargill, Inc. v. Sears Petroleum 

& Transp. Corp., 334 F. Supp. 2d 197, 247 (NDNY 2014) and observing that there is a strong 

preference for resolving disputes on the merits). Therefore, if the reason for a missed deadline is 

simple negligence or inadvertence, a deadline should be extended.

7. For a factual basis entitling relief, Defendants’ undersigned counsel incorporates those 

arguments contained within its Motion to Reconsider Order Disqualifying Jeffrey Siskind as Counsel 

(ECF No. 102) and Amended response to Chapter 7 Trustee’s Motion to Disqualify (ECF No. 63).

WHEREFORE, Defendants move for reconsideration of the Court’s Order Dismissing 

Bankruptcy Appeal (“Dismissal Order”), and request that the Court deem the deadline for filing the 

Notice be extended through 3:40 a.m. on December 10, 2019 and vacate its Dismissal Order.

Case 19-01298-MAM Doc 199 Filed 12/16/19 Page 2 of 4
Dated this 16

th

day of December, 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

1629 K Street, Ste. 300, NW

Washington, DC 20006

--------------------------

113 N. Monroe Street, 1st Floor

Tallassee, Florida 32301

------------------------------

3465 Santa Barbara Drive

Wellington, Florida 33414

TELEPHONE (561) 791-9565

FACSIMILE (561) 791-9581

Email: jeffsiskind@msn.com

VERIFICATION

I HEREBY VERIFY that the facts as stated herein are true and correct.

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

CERTIFICATE OF SERVICE

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

December 16, 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 email as reflected on the Service List below. 

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

Case 19-01298-MAM Doc 199 Filed 12/16/19 Page 3 of 4
SERVICE LIST:

Samantha T Haimo on behalf of Defendant Wellington 3445, LP

sth@womenatlawfl.com, way@swlawyers.law

Jeffrey M Siskind on behalf of Defendant CannaMed Pharmaceuticals, LLC

jeffsiskind@msn.com, jmsesq500@gmail.com

Jeffrey M Siskind on behalf of Defendant Florida's Association of Community Banks and Credit 

Unions, Incorporated

jeffsiskind@msn.com, jmsesq500@gmail.com

Jeffrey M Siskind on behalf of Defendant OB Real Estate Holdings 1732, LLC

jeffsiskind@msn.com, jmsesq500@gmail.com

Jeffrey M Siskind on behalf of Defendant Siskind Legal Services

jeffsiskind@msn.com, jmsesq500@gmail.com

Jeffrey M Siskind on behalf of Defendant Sympatico Equine Rescue, Inc.

jeffsiskind@msn.com, jmsesq500@gmail.com

Jeffrey M Siskind on behalf of Defendant Jeffrey M Siskind

jeffsiskind@msn.com, jmsesq500@gmail.com

Jeffrey M Siskind on behalf of Defendant Tanya Siskind

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

Nancy Coleman on behalf of Robert Gibson

ncoleman@bartizcolman.com

Frank Zokaites, 375 Golfside Road, Wexford, PA 15090; and via email to frank@zokaites.com

Robert Gibson, 1709 22nd Avenue North, Lake Worth, FL 33460; and via email to 

intelexigent@gmail.com

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