UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

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

Chapter 7

CHANCE & ANTHEM, LLC,

Debtor.

 /

ROBERT C. FURR not individually but ADV. NO. 19-01299-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC,

Plaintiff,

v.

AIRCENTER, INC.

Defendant.

_______________________________________/

AGREED EX PARTE MOTION BY PLAINTIFF, ROBERT C. FURR,

TO CONTINUE PRETRIAL CONFERENCE AND EXTEND 

RELATED PRETRIAL DEADLINES

Robert C. Furr (the “Trustee” or “Plaintiff”), not individually but as Chapter 7 Trustee of 

the Bankruptcy Estate of the Debtor, Chance & Anthem, LLC (the “Debtor”) by and through 

counsel, file this Agreed Ex Parte Motion to Continue Pretrial Conference and Extend Related 

Pretrial Deadlines (the “Motion”) and in support thereof state, as follows: 

I. BACKGROUND.

1. On January 29, 2019 (the “Petition Date”) the Debtor, Chance and Anthem, LLC

(“Debtor”) filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code (the 

“Petition”) in the United States Bankruptcy Court for the District of Maryland (the “Maryland 

Bankruptcy Court”), in the matter styled In re Chance & Anthem, LLC, Case No. 18-11168-TJC 

(the “Bankruptcy Case”). The Plaintiff is the duly appointed and acting Trustee of the Debtor’s 

bankruptcy estate (the “Estate”).

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2. On May 24, 2018, the Bankruptcy Court for the District of Maryland entered its 

Memorandum and Order Transferring Venue To The Bankruptcy Court For the Southern District 

of Florida (the “Transfer Order”)[ECF No. 73], transferring the Bankruptcy Case to this Court.

3. On May 25, 2018, the Plaintiff, Robert C. Furr, was duly appointed and is acting 

Chapter 7 Trustee of the Debtor’s bankruptcy estate (the “Estate”)[ECF No. 76].

4. On August 06, 2019, the Plaintiff filed the Adversary Complaint to Avoid and 

Recover Avoidable Transfer and For Other Relief (the “Adversary Complaint”) [ECF No. 1] in 

the above adversary proceeding (the “Adversary Proceeding”) against Aircenter, Inc. (the 

“Defendant”).

5. On August 07, 2019, the Court issued the Summons and Notice of Pretrial/Trial in 

an Adversary Proceeding, scheduling the Pretrial Conference for November 14, 2019 at 10:00 

a.m. [ECF No. 02]. 

6. On same date, the Court entered an Order Setting Filing and Disclosure 

Requirements for Pretrial and Trial Setting Pretrial Conference (the “Pretrial Order”) [ECF No.

03] which references all corresponding pretrial deadlines.

7. On August 9, 2019, the Trustee served the Complaint, Summons and Pretrial Order. 

However, the service address was for a different business entity with a similar name. Therefore, on 

September 04 2019, the Plaintiff filed an Ex Parte Motion to Issue Alias Summons [ECF No. 05] which 

was granted by the Court on September 05, 2019 [ECF No. 06].

8. On September 05, 2019, the Court issued the Alias Summons and Notice of 

Pretrial/Trial in an Adversary Proceeding [ECF No. 07]. 

9. The Defendant was properly served with the Adversary Complaint, Alias 

Summons and Pretrial Order.

10. Additionally, the Defendant sought an extension of time to respond to the 

Adversary Complaint through its counsel. 

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II. RELIEF REQUESTED.

11. As the parties are in the process of settlement negotiations, the Parties have 

agreed to a continuance of the Pretrial Conference to January 14, 2020 at 10:00 a.m. Further, the

Plaintiff seeks a concomitant enlargement of the deadlines set forth in the Pretrial Order to 

coincide with the continued Pretrial Conference.

12. Counsel for the Plaintiff has conferred with the Defendant’s counsel, regarding 

the filing of this Motion and certifies that the Defendant has agreed to the relief requested herein.

13. The filing of this Motion and continuance of the Pretrial Conference and 

extensions of the deadlines under the Pretrial Order are necessary in order to preserve time and 

resources of the Parties. This Motion has been filed in good faith and not for any dilatory 

purpose or improper delays of this adversary proceeding. 

WHEREFORE, the Plaintiff, Robert C. Furr, as the Chapter 7 Trustee, respectfully 

requests the entry of an order attached hereto as Exhibit “A”: (i) granting this Motion; (ii) 

continuing the Pretrial Conference to January 14, 2020 at 10:00 a.m.; (iii) extending all 

corresponding pretrial deadlines accordingly; and (iv) granting such other and further relief as 

the Court deems appropriate. 

Dated this 15th day of October, 2019

GENOVESE JOBLOVE & BATTISTA, P.A.

Counsel for Plaintiff

100 S.E. Second Street, 44th Floor

Miami, FL 33131

Tel: (305) 349-2300

Fax: (305) 349-2310

By: /s/ Jesus M. Suarez 

 Jesus M. Suarez, Esq.

 Fla. Bar No. 60086

 Email: jsuarez@gjb-law.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished 

via CM/ECF notification upon all interested parties registered to receive electronic notification 

on this matter and/or via U.S. Mail as indicated on the Service List below on this 15th day of 

October, 2019.

By: /s/ Jesus M. Suarez

 Jesus M. Suarez, Esq.

SERVICE LIST

Notice was served via CM/ECF upon:

Barry P Gruher on behalf of Plaintiff Robert C Furr 

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

Jeffrey M Siskind on behalf of Interested Party Jeffrey M 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

Notice will be served via U. S. Mail upon:

Daniel D. Barks, Esq.

Counsel to Defendant 

Speiser Krause

1750 Tysons Boulevard

Suite 1500 PMB #41

McLean, VA 22102

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EXHIBIT “A”

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

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

Chapter 7

CHANCE & ANTHEM, LLC,

Debtor.

 /

ROBERT C. FURR not individually but ADV. NO. 19-01299-MAM

as Chapter 7 Trustee of the estate of the

Debtor, Chance & Anthem, LLC,

Plaintiff,

v.

AIRCENTER, INC.

Defendant.

/

ORDER GRANTING AGREED EX PARTE MOTION BY PLAINTIFF, ROBERT C. 

FURR, TO CONTINUE PRETRIAL CONFERENCE AND EXTEND

RELATED PRETRIAL DEADLINES 

Case 19-01299-MAM Doc 26 Filed 10/15/19 Page 5 of 6
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THIS MATTER came before the Court without a hearing upon the Agreed Ex Parte

Motion by Plaintiff, Robert C. Furr, to Continue Pretrial Conference and Extend Related Pretrial 

Deadlines [ECF No. ____] (the “Motion”), and the Court having reviewed the Motion, the record 

in this case, and noting the agreement of the parties with respect to the relief granted herein, and

being otherwise duly advised in the premises, it is

ORDERED, as follows: 

1. The Motion is GRANTED. 

2. The Pretrial Conference is hereby continued to January 14, 2020 at 10:00 a.m. at 

the United States Bankruptcy Court, Flagler Waterview Building, 1515 N Flagler Drive, Room 

801 Courtroom A, West Palm Beach, FL 33401

3. The corresponding pretrial deadlines are extended accordingly to coincide with 

the continued Pretrial Conference.

4. This Order is without prejudice to the parties seeking further extensions of the 

pretrial conference in this matter or any of the pretrial deadlines. 

###

Submitted by:

Jesus M. Suarez, Esq.

Counsel for the Plaintiff

Genovese Joblove & Battista, P.A.

100 SE 2nd Street, Suite 4400

Miami, FL 33131

Tel: (305) 349-2300

Email: jsuarez@gjb-law.com

[Attorney Suarez shall serve a copy of this Order to all interested parties and file a certificate of 

service]

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