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, CHAPTER 7 TRUSTEE, Adv. No. 19-01298-MAM

Plaintiff,

v.

JEFFREY M. SISKIND, et al.,

Defendants.

______________________________________/

LIMITED OBJECTION TO CHAPTER 7 TRUSTEE’S MOTION TO APPROVE 

SETTLEMENT AND COMPROMISE WITH ADVERSARY DEFENDANTS

WELLINGTON 3445, LP; ZOKAITES PROPERTIES, LP; OB REAL

ESTATE 1732, LLC; AND NON-PARTY FRANK ZOKAITES

COMES NOW Jeffrey M. Siskind (“Movant”) and files this Limited Objection to 

Chapter 7 Trustee’s Motion to Approve Settlement And Compromise With Adversary 

Defendants Wellington 3445, LP; Zokaites Properties, LP; OB Real Estate 1732, LLC; and NonParty Frank Zokaites (the “Motion”), and states:

1. On January 22, 2020, Movant received a copy of the Chapter 7 Trustee’s Motion, 

and hereby timely objects in part within the 21-day negative notice period.

2. First and foremost, Movant objects to the statement in paragraph no. 3 which 

alleges that Robert C. Furr (“Furr”) was “duly appointed” when in fact this was not the case.

3. Instead, Furr somehow became involved with this case in a deceptive manner by 

avoiding the customary random assignment process.

4. Furr’s filed a complaint in this adversary case which resulted in the proposed 

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settlement(s) for which Furr seeks Court approval, which was incredibly deceptive and 

dishonest.

5. In its complaint, Furr alleged that undersigned counsel manipulated the Debtor for 

his own benefit. Despite receiving evidence of each and every related financial record without 

objection, Furr incredibly maintained that financial transactions were concealed. Furr also made 

numerous scandalous allegations which he knew to be untrue but which were a useful means to 

intimidate the adversary defendants.

6. Although the proposed settlement(s) appear to be the result of these adversary 

defendants weighing the likely cost of continued litigation against the value of closure, Furr’s 

scandalous but baseless allegations no doubt affected their calculus.

7. The terms of the proposed settlement(s) also reveal the breadth of the Trustee’s 

disingenuous (and as a result, largely unsuccessful) efforts; upon information and belief, an 

initial $600,000 demand was settled within hours for $21,000, or a mere 3.5%.

8. A seasoned bankruptcy attorney once informed me that some Chapter 7 Trustees 

are adept at the art of “legalized extortion,” referring to Chapter 7 Trustees who knowingly bring 

unwinnable adversary complaints (unwinnable if they were actually litigated).

9. Although there can by definition no such thing, that comment addresses the 

ability of a dishonest trustee to advance claims known to be unwinnable but which might be 

settled because of (1) costs attendant to mounting a defense, and (2) the assumption that a 

Chapter 7 Trustee is cloaked with some significant level of authority.

10. Unsophisticated defending parties are intimidated by a Chapter 7 Trustee’s title, 

inasmuch as the term “Trustee” infers enforcement powers akin to those possessed by the Office 

of the U.S. Trustee. However, as the Honorable Paul Hyman once reminded me, a Chapter 7 

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Trustee is nothing other than an attorney entrusted with representation of various creditors.

11. However, the term “Trustee” as applied to a Chapter 7 Trustee does have special 

significance because of the duties imposed upon a Chapter 7 Trustee; duties as opposed to 

powers.

12. The term “fraudulent transfer” is equally non-representative because its meaning 

is routinely misinterpreted. While fraud is understood to be wrongful intended actions, many 

Debtor transfers labelled ‘fraudulent’ are transfers which have fraud terminology imputed, as 

when a company expends money which results in its inability to continue to transact business.

13. In this bankruptcy, although Furr has alleged that numerous fraudulent transfers 

were made by the Debtor, the Debtor always had available funds when transfers which Furr 

alleged were fraudulent were made, thus defeating Furr’s claims and revealing the disingenuous 

and corrupt nature of those claims.

14. Stated otherwise, Furr filed numerous adversary complaints although he knew

that the claims on which they were based were frivolous. Unknown is just what Furr or his

counsel said to various adversary defendants to entice them to settle said frivolous claims. It 

may have been a statement as blunt as that which Jesus Suarez made to me after my deposition; 

“Just give us money and we will go away.” It is likely that more adept misrepresentations may 

have been intentionally employed, as when Suarez falsely alleged that counsel admitted to 

misusing trust account funds during the Debtor’s Rule 341 Meeting of Creditors – something 

disproved by the transcript of the proceedings – or many initial but subsequently eliminated 

scandalous accusations made with corrupt intent in another adversary complaint.

15. Settlement funds first pay trustee fees and administrative creditors (usually 

consisting of professionals hired by the trustee). In non-asset cases, although creditors are forced 

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to depend upon a Chapter 7 Trustee which they believe is working I their best interests, very 

little if any proceeds will find their way to creditors. A dishonest and corrupt Chapter 7 Trustee 

may assess a bankruptcy case as merely an opportunity to obtain fees instead of fulfilling its 

mission of actually working on behalf of creditors, and ignoring its ethical obligations. 

16. This unethical approach disserves the basic social purpose of business bankruptcy 

which is to provide a backstop for entrepreneurs whose efforts are unsuccessful, apportioning 

losses across society in order to foster entrepreneurism essential to our Nation’s economic 

advancement.

17. A dishonest and corrupt Chapter 7 Trustee improperly substitutes its own ends 

when it is able to wrongfully derive settlements from adversary defendants by advancing 

frivolous unwinnable claims. Moreover, an ‘externality’ is introduced which unfairly imposes

the financial burdens meant to be apportioned more generally to those unsuspecting adversary 

defendants specifically targeted by the Chapter 7 Trustee.

 18. For these reasons adversary defendants should be apprised that the term “Trustee” 

is appropriate because a trustee is entrusted to resist the temptation to abuse the system for his or 

her own pecuniary advantage, and that this duty is breached when a Chapter 7 Trustee attempts 

to line its pockets by bringing frivolous unwinnable adversary complaints to obtain settlements 

from defendants who desire to ward off litigation expenses.

19. The dishonest and corrupt Chapter 7 Trustee presents an interesting conundrum 

because bankruptcy courts must rely upon them to help facilitate the forward movement of 

significant caseloads while constrained by limited resources. A Chapter 7 Trustee’s role is 

therefore crucial to efficient and fair judicial process. Correspondingly, dishonesty as evidenced 

by a Chapter 7 trustee’s filing of frivolous unwinnable adversary complaints must be addressed.

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20. In this case and its related adversary complaints, Furr breached his ethical duties 

by (1) wrongfully acquiring the case, (2) advancing numerous scandalous, false and misleading 

allegations and (3) bringing several frivolous unwinnable adversary actions.

21. As a consequence, Furr should be required to disgorge all compensation which he 

would otherwise derive from his adversary actions, which funds should either be refunded to the 

various adversary defendants or distributed in full among the creditors.

Dated this 6

th day of February, 2020.

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

CERTIFICATE OF SERVICE

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

February 6, 2020 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 email as reflected on the Service List below. 

_______/s/ Jeffrey M. Siskind_______

Jeffrey M. Siskind, Esq. FBN 138746

Case 19-01298-MAM Doc 245 Filed 02/06/20 Page 5 of 6
SERVICE LIST:

• Julie Feigeles jf@womenatlawfl.com, way@womenatlawfl.com

• Robert C Furr danderson@furrcohen.com, rcf@trustesolutions.net

• John H Genovese jgenovese@gjb-law.com, hburke@gjb-law.com;gjbecf@gjblaw.com;gjbecf@ecf.courtdrive.com;jzamora@gjb-law.com

• Barry P Gruher bgruher@gjb-law.com, vlambdin@gjb-law.com;gjbecf@gjblaw.com;cesser@gjb-law.com;gjbecf@ecf.courtdrive.com;chopkins@gjb-law.com

• Samantha T Haimo sth@womenatlawfl.com, way@swlawyers.law

• Philip B Harris philip@philipbharris.com

• Steven S Newburgh snewburgh@mclaughlinstern.com, 

ssn@newburghlaw.net;mgarcia@mclaughlinstern.com;lbrunet@mclaughlinstern.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• David A Ray dray@draypa.com, draycmecf@gmail.com;sramirez.dar@gmail.com

• Jeffrey M Siskind jeffsiskind@msn.com, jmsesq500@gmail.com

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

• Stuart A Young syoung@ybplaw.com

Alan Barbee

GlassRatner Advisory & Capital Group 

1400 Centrepark Blvd #860

West Palm Beach, FL 33401

Robert Grossbart

Grossbart, Portney & Rosenberg 

One N. Charles Street.

Suite 1214

Baltimore, MD 21201

Richard P. Zaretsky

1615 Forum Pl #3-A 

West Palm Beach, FL 33401

Frank R. Zokaites

375 Golfside Drive

Wexford, PA 15090

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