UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 19-24437-BKC-LMI

CHAPTER 11

ADVERSARY PROC. NO. 19-01954-LMI

IN RE:

MAGNOLIA LANE CONDOMINIUM

ASSOCIATION, INC.

Debtor

 /

MAGNOLIA LANE CONDOMINIUM

ASSOCIATION, INC

Plaintiff,

vs.

SECURITY & FIRE SYSTEMS, INC.

Defendant.

 /

 ANSWER

1. The Defendant is without knowledge to allegations contained in paragraph

1 and demands strict proof thereof.

2. The Defendant is without knowledge to allegations contained in paragraph

2 and demands strict proof thereof.

A. JURISDICTION AND VENUE

3. The Defendant is without knowledge to allegations contained in paragraph

3 and demands strict proof thereof.

4. The Defendant is without knowledge to allegations contained in paragraph

4 and demands strict proof thereof

5. The Defendant is without knowledge to allegations contained in paragraph

5 and demands strict proof thereof.

6. The Defendant is without knowledge to allegations contained in paragraph

6 and demands strict proof thereof.

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7. The Defendant is without knowledge to allegations contained in paragraph

7 and demands strict proof thereof.

B. RELEVANT PROCEDURAL HISTORY

8. The Defendant is without knowledge to allegations contained in paragraph

8 and demands strict proof thereof.

9. The Defendant is without knowledge to allegations contained in paragraph

9 and demands strict proof thereof.

10. The Defendant admits the allegations contained in paragraph 10.

11. The Defendant admits the allegations contained in paragraph 11.

12. The Defendant admits the allegations contained in paragraph 12.

13. The Defendant admits the allegations contained in paragraph 13. 

14. The Defendant admits that a Motion for final judgement after default was

filed. The Defendant denies that there was sparse information as to damages. 

15. The Defendant denies the allegations contained in paragraph 15 and

demands strict proof thereof. 

16. The Defendant admits that a Final Judgment after Default awarded the

Plaintiff a total of $342,029.11 and denies any other allegations in this paragraph.

Further, this Final Judgment after default is res judicata. The Debtor moved for

rehearing of that Order, which was denied.

C. FACTUAL BACKGROUND

17. The Defendant admits the allegations contained in paragraph 17.

18. The Defendant is without knowledge to allegations contained in paragraph

18 and demands strict proof thereof.

19. The Defendant admits the allegations contained in paragraph 19.

20. The Defendant admits that two payments were received on September

17, 2019 and September 25, 2019 and denies that any other funds were received.

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Further, these payments made were made part of a settlement and paid upon the

secured claim based upon the equipment still being used by the Debtor. 

21. The Defendant admits they received two payments received on

September 17, 2019 and September 25, 2019 and denies they received a payment on

October 28, 2019.

22. The Defendant admits the allegations contained in paragraph 22.

23. The Defendant is without knowledge to allegations contained in paragraph

23 and demands strict proof thereof.

D. CLAIMS FOR RELIEF

COUNT I

Avoidance of Preferential

Transfers - 11 U.S.C. § 547

24. The Defendant denies the allegations contained in paragraph 24 and

demands strict proof thereof.

25. The Defendant denies the allegations contained in paragraph 25 and

demands strict proof thereof.

26. The Defendant denies the allegations contained in paragraph 26 and

demands strict proof thereof.

27. The Defendant is without knowledge to allegations contained in paragraph

27 and demands strict proof thereof.

28. The Defendant denies the allegations contained in paragraph 28 and

demands strict proof thereof.

29. The Defendant denies the allegations contained in paragraph 29 and

demands strict proof thereof.

30. The Defendant denies the allegations contained in paragraph 30 and

demands strict proof thereof.

31. The Defendant denies the allegations contained in paragraph 31 and

demands strict proof thereof.

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32. The Defendant denies the allegations contained in paragraph 32 and

demands strict proof thereof.

33. The Defendant denies the allegations contained in paragraph 33 and

demands strict proof thereof.

34. The Defendant denies the allegations contained in paragraph 34 and

demands strict proof thereof.

35. The Defendant denies the allegations contained in paragraph 35 and

demands strict proof thereof.

(i). The Defendant denies the allegations contained in paragraph 35(i)

and demands strict proof thereof.

(ii). The Defendant denies the allegations contained in paragraph 35(ii)

and demands strict proof thereof.

(iii). The Defendant denies the allegations contained in paragraph 35(iii)

and demands strict proof thereof.

 COUNT II

Recovery of Avoided Transfers

11 U.S.C. § 550

36. The Defendant denies the allegations contained in paragraph 36 and

demands strict proof thereof.

37. The Defendant denies the allegations contained in paragraph 37 and

demands strict proof thereof.

38. The Defendant denies the allegations contained in paragraph 38 and

demands strict proof thereof.

39. The Defendant denies the allegations contained in paragraph 39 and

demands strict proof thereof.

COUNT III

 Disallowance of All Claims

11 U.S.C. § 502(d) and (j)

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40. The Defendant denies the allegations contained in paragraph 40 and

demands strict proof thereof.

41. The Defendant denies the allegations contained in paragraph 41 and

demands strict proof thereof.

42. The Defendant denies the allegations contained in paragraph 42 and

demands strict proof thereof.

43. The Defendant denies the allegations contained in paragraph 43 and

demands strict proof thereof.

44. The Defendant denies the allegations contained in paragraph 44 and

demands strict proof thereof.

45. The Defendant denies the allegations contained in paragraph 45 and

demands strict proof thereof.

E. PRAYER FOR RELIEF

a) The Defendant denies the allegations contained in paragraph a and

demands strict proof thereof.

b) The Defendant denies the allegations contained in paragraph b and

demands strict proof thereof.

c) The Defendant denies the allegations contained in paragraph c and

demands strict proof thereof.

d) The Defendant denies the allegations contained in paragraph d and

demands strict proof thereof.

e) The Defendant denies the allegations contained in paragraph e and

demands strict proof thereof.

f) The Defendant denies the allegations contained in paragraph f and

demands strict proof thereof.

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g) The Defendant denies the allegations contained in paragraph g and

demands strict proof thereof.

h) The Defendant denies the allegations contained in paragraph h and

demands strict proof thereof.

47. The Defendant denies any allegations not specifically admitted herein.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the Southern

District of Florida and I am in compliance with the additional qualifications to practice in this Court set forth in

Local Rule 2090-1(A) and that a true and correct copy of the foregoing was sent via email to John Arcia,

counsel for Debtor at parcia@arcialaw.com, Ariel Rodriguez, counsel for U.S. Trustee at

ariel.rodriguez@usdoj.gov and all others set forth in the NEF, this 23rd day of January 2020.

LAW OFFICES OF MICHAEL J. BROOKS, MICHAEL A. FRANK

& RODOLFO H. DE LA GUARDIA, JR.

Attorneys for the Debtors

Suite 620 • Union Planters Bank Building

10 Northwest LeJeune Road

Miami, FL 33126-5431

Telephone (305) 443-4217

Facsimile (305) 443-3219

Email- Pleadings@bkclawmiami.com

By: /s/ 

Michael A. Frank

Florida Bar No. 339075

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