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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

CASE NO. 18-20420-RAM

In re: 

STONES USA OF FLORIDA, INC., Chapter 7

Debtor,

/

BARRY E. MUKAMAL AS CHAPTER 7 

TRUSTEE.

Plaintiff, Adv. Pro. No. 20-01334-RAM

v.

JOSE EDUARDO LERMA BARRAGAN, 

Defendant.

/

ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT

Defendant JOSE EDUARDO LERMA BARRAGAN (“EDUARDO LERMA”), by 

and through his undersigned counsel, hereby files this Answer and Affirmative Defenses to

the Complaint (the “Complaint”) filed by BARRY E. MUKAMAL (“Plaintiff”), in his

capacity as the Chapter 7 Trustee of the bankruptcy estate of E-Floral Solutions, Inc. (the

“Debtor”) and, in support thereof, states as follows:

1. Admitted.

2. Admitted that Plaintiff is the current Chapter 7 Trustee of the Debtor’s

bankruptcy estate. The remainder of the paragraph 2 of the Complaint constitutes a legal

conclusion to which no response is required. To the extent a response is required, it is denied.

3. The allegation set forth in paragraph 3 of the Complaint constitutes a

Case 20-01334-RAM Doc 11 Filed 09/23/20 Page 1 of 7
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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

4. Admitted.

5. Denied.

6. Denied.

7. Denied.

8. Denied.

9. Denied.

10. Denied.

11. Denied.

12. Denied.

13. The allegation set forth in paragraph 13 of the Complaint constitutes a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

COUNT I

14. EDUARDO LERMA re-alleges and incorporates by reference each of its

responses to the allegations set forth in paragraphs 1-8 and 12-13 of the Complaint as if they

were fully set forth herein.

15. Denied.

16. The allegation set forth in paragraph 16 of the Complaint constitutes a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

17. The allegation set forth in paragraph 17 of the Complaint constitutes a 

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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

18. Denied.

COUNT II

19. EDUARDO LERMA re-alleges and incorporates by reference each of its

responses to the allegations set forth in paragraphs 1-8, 10, and 12-14, of the Complaint as if

they were fully set forth herein.

20. Denied.

21. The allegation set forth in paragraph 21 of the Complaint constitutes a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

22. The allegation set forth in paragraph 22 of the Complaint constitutes a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

23. Denied.

24. The allegation set forth in paragraph 24 of the Complaint constitutes a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

25. Denied.

COUNT III

26. EDUARDO LERMA re-alleges and incorporates by reference each of its

responses to the allegations set forth in paragraphs 1-8, 10, and 12-14 of the Complaint as if

they were fully set forth herein.

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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

27. Denied.

28. The allegation set forth in paragraph 28 of the Complaint constitutes a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

29. Denied.

30. The allegations set forth in paragraph 30 of the Complaint constitute a 

legal conclusion to which no response is required. To the extent a response is required, it is

denied.

31. Denied.

COUNT IV

32. EDUARDO LERMA re-alleges and incorporates by reference each of its

responses to the allegations set forth in paragraphs 1-14 of the Complaint as if they were fully

set forth herein.

33. Denied.

34. Denied.

35. Denied.

36. Denied.

37. Denied.

PRAYER FOR RELIEF

1. EDUARDO LERMA denies that Plaintiff is entitled to the relief requested in

the Complaint.

2. All allegations set forth within the Complaint not expressly admitted are

hereby denied.

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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

3. EDUARDO LERMA expressly reserves his right to deny consent to the 

Court’s entry of final orders or judgments in this adversary proceeding in the event it is

determined that the Court cannot enter such orders or judgments consistent with Article

III of the United States Constitution.

AFFIRMATIVE

DEFENSES

A. Plaintiff is barred from recovery because the alleged transfers were

incurred in the ordinary course of the parties’ business(es) and/or financial affairs and said

transfers were made in the ordinary course of the parties’ business(es) and/or financial

affairs and according to ordinary businessterms.

B. Plaintiff is barred from recovery under Fla. Stat. § 726.106 because the

transfers were made in the ordinary course of business or financial affairs of the Debtor and 

EDUARDO LERMA.

C. The Complaint and each and every cause of action stated therein fails to state

a claim on which relief can be granted.

D. Plaintiff’s claims may be barred, in whole or in part, to the extent applicable, 

by the doctrines of laches, waiver and/or estoppel.

E. Plaintiff’s claims may be barred, to the extent applicable, by the doctrine of

in pari delicto and/or unclean hands.

F. To the extent any liability is established on the part of EDUARDO LERMA,

any recovery by Plaintiff is subject to EDUARDO LERMA’s rights of setoff and/or

recoupment.

J. Defendant reserves the right to identify additional affirmative defenses during 

or following discovery in this adversary proceeding.

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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

COHEN LAW

Attorneys for Defendant

2030 S. Douglas Road.

Suite 202

Coral Gables, FL 33134

Tel: (305) 967-7550

Fax: (305) 547-9922

Email: dc@cohenlawpa.com 

Email: kg@cohenlawpa.com

/s/ Keith R Gaudioso

Danielle Cohen, Esq.

Fla. Bar No.: 27623

Keith R. Gaudioso, Esq.

Fla. Bar No.: 34436

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COHEN LAW

2030 S. Douglas Road., Suite 202, Coral Gables, FL 33134

Telephone : 305.967.7550 Facsimile: 305.547.9922

CERTIFICATE OF SERVICE

I hereby certify that on this 23rd day of September 2020, I electronically filed the 

foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing 

document is being served this day on all counsel of record identified below in the manner 

specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in 

some other authorized manner for those counsel or parties who are not authorized to receive 

electronically Notices of Electronic Filing: James Brian Miller, Esq., James B. Miller, P.A., 19 

W Flagler Street, Suite 416, Miami, FL 33130-4419, at jbm@title11law.com.

/s/ Keith R Gaudioso

Keith R. Gaudioso, Esq.

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