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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In Re: PROCEEDINGS UNDER CHAPTER 7

Case No: 19-25435-BKC-LMI

AAA Machinery Parts and Rentals LLC

Debtor

_________________________/

Joel Tabas, Chapter 7 Trustee

Plaintiff, 

AVD.NO. 21-01077-BKC-LMI

UBEFunding LLC

 

Defendant,

Angel Romer Morales

Defendant.

_________________________/

DEFENDANT ANGEL ROMER MORALES ANSWER AND AFFIRMATIVE 

DEFENSES

COMES NOW, Defendant, Angel Romer Morales, (hereinafter referred to as Defendant) by and 

through the undersigned counsel, and pursuant to Rule 7012, Fed. R. Bankr. P., hereby submit his 

Answer and Affirmative Defenses to the Plaintiff’s Complaint, and states as follows:

1. Admit for Jurisdictional purpose. 

2. Admit.

3. Admit.

4. Admit.

5. Admit.

6. Admit.

7. Defendant is without knowledge, therefore denied. 

8. Admit.

9. Denied.

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FACTUAL BACKGROUNG

10. Admit.

11. Admit.

12. Admit.

13. Admit.

14. Admit

15. Denied.

16. Denied. 

COUNT I

AVOIDANCE AND RECOVERY OF THE

TRANSFER PURSUANT TO 11 U.S.C. §§ 548(a)(1)(A)

17. The Defendant realleges his answers to paragraphs 1-16 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

18. Admit.

19. Defendant is without knowledge, therefore denied. 

20. Admit.

21. Denied.

22. Defendant is without knowledge, therefore denied. 

23. Defendant is without knowledge, therefore denied. 

COUNT II

RECOVERY OF FRAUDULENT TRANSFERS PURSUANT

TO 11 U.S.C. § 550(a)(1) OF THE BANKRUPTCY CODE

24. The Defendant realleges his answers to paragraphs 1-23 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

25. Admit. 

26. Admit. 

27. Admit. 

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28. Defendant is without knowledge, therefore denies. 

COUNT III

AVOIDANCE AND RECOVERY OF THE

TRANSFER PURSUANT TO 11 U.S.C. §§ 548(a)(1)(B)

29. The Defendant realleges his answers to paragraphs 1-28 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

30. Admit.

31. Admit. 

32. Denied. 

33. Defendant is without knowledge, therefore denied. 

34. Defendant is without knowledge, therefore denied.

COUNT IV

RECOVERY OF FRAUDULENT TRANSFERS PURSUANT

TO 11 U.S.C. § 550(a)(1) OF THE BANKRUPTCY CODE

35. The Defendant realleges his answers to paragraphs 1-34 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

36. Admit.

37. Admit.

38. Defendant is without knowledge, therefore denied.

COUNT V

AVOIDANCE OF FRAUDULENT TRANSFER PURSUANT

TO 11 U.S.C. § 544(b)(1) AND FLA. STAT. § 726.105(1)(a)

39. The Defendant realleges his answers to paragraphs 1-38 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

40. Admit.

41. Admit. 

42. Denied. 

43. Defendant is without knowledge, therefore denied.

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COUNT VI

RECOVERY OF TRANSFER PURSUANT TO

FLA. STAT. §§ 726.108 AND 726.109 AND 11 U.S.C. §§ 550

44. The Defendant realleges his answers to paragraphs 1-43 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

45. Admit. 

46. Defendant is without knowledge, therefore denied.

COUNT VII

AVOIDANCE OF FRAUDULENT TRANSFER PURSUANT

TO 11 U.S.C. § 544(b)(1) AND FLA. STAT. 726.105(1)(b) 

47. The Defendant realleges his answers to paragraphs 1-46 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

48. Admit.

49. Admit.

50. Denied.

51. Defendant is without knowledge, therefore denied.

52. Defendant is without knowledge, therefore denied.

COUNT VIII

RECOVERY OF TRANSFER PURSUANT TO

FLA. STAT. §§ 726.108 AND 726.109 AND 11 U.S.C. §§ 550

53. The Defendant realleges his answers to paragraphs 1-52 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

54. Admit.

55. Defendant is without knowledge, therefore denied.

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COUNT IX

AVOIDANCE OF FRAUDULENT TRANSFER PURSUANT

TO 11 U.S.C. § 544(b)(1) AND FLA. STAT. 726.106(1)

56. The Defendant realleges his answers to paragraphs 1-55 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

57. Admit. 

58. Admit. 

59. Denied.

60. Defendant is without knowledge, therefore denied.

61. Defendant is without knowledge, therefore denied.

COUNT X

RECOVERY OF TRANSFER PURSUANT TO

FLA. STAT. §§ 726.108 AND 726.109 AND 11 U.S.C. §§ 550

62. The Defendant realleges his answers to paragraphs 1-61 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

63. Admit.

64. Defendant is without knowledge, therefore denied.

COUNT XI

RECOVERY OF SUBSEQUENT TRANSFER PURSUANT TO

FLA. STAT. §§ 726.108 AND 726.109 AND 11 U.S.C. §§ 550 AND 551

65. The Defendant realleges his answers to paragraphs 1-64 (and all subparts) of the 

Plaintiff’s Complaint as if fully set forth herein.

66. Defendant is without knowledge, therefore denied.

67. Admit.

68. Admit. 

69. Denied.

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AFFIRMATIVE DEFENSES

1. The Plaintiff’s claims are barred as to Defendant, because at all relevant times, Defendant 

acted in good faith and without knowledge as to the Debtor’s insolvency. 

2. Plaintiff has failed to allege facts and prove with sufficient specificity that Defendant was 

aware or had reasons to know of Debtor’s insolvency.

RESERVATION OF RIGHTS

Defendant reserves the right to assert any affirmative defenses available under the 

Bankruptcy Code, 11 U.S.C §101 at seq., §726., at Seq. of the Florida Statutes, or other applicable 

law, as may be discovered during the course of additional discovery and investigating.

WHEREFORE, Defendant, Angel Romer Morales, by and through the undersigned 

counsel respectfully requests this honorable Court render judgment in favor of Defendant and 

against Plaintiff with respect to all matters before this Court. 

CERTIFICATE OF SERVICE

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

jgraham@tabassoloff.com on this 22nd day of June 2021 to Jessica Graham, Esq., attorney for Joel 

Tabas, Chapter 7 Trustee, 25 SE 2nd Av #248, Miami, FL 33131.

 

900 West 49th Street Suite 422 

Hialeah, Florida 33012

 Tel: (305)362-6277 / Fax: (888)327-2399

mail@delpinolaw.com 

/S/ HAVEN DEL PINO

HAVEN DEL PINO 

Florida Bar No. 88606

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