Lance 2

Case 6:12-ap-00169-ABB
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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION IN RE: CHARLES R. LANCE Debtor. _______________________________________/ DONALD F. WALTON Plaintiff, v. CHARLES R. LANCE Defendant. _____________________________________/ CASE NO. 6:12-ap-00169-ABB Chapter 7 Case Number: 6:11-bk-19272-ABB
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW, CHARLES R. LANCE, (Defendant or Debtor), by and through his undersigned counsel and hereby files his response to that certain Complaint and in response thereto comes forward and states: JURISDICTION 1. 2. 3. 4. 5. 6. Admitted for jurisdictional purposes only. Admitted. Admitted. Admitted. Admitted. Admitted for venue purposes only.
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BACKGROUND FACTS 7. 8. 9. 10. 11. 12. 13. 14. 15. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Without knowledge and therefore denied. Original Bankruptcy Schedules 16. 17. 18. Admitted. Admitted. Defendant admits that property is listed in the Defendants Original Schedule B.
Defendant denies that the leased vehicles have any value. 19. 20. 21. Admitted. Admitted. Defendant admits he is married. Otherwise, denied. Amended Schedule F 22. 23. 24. 25. Admitted. Admitted. Denied. Without knowledge and therefore denied.
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Statement of Financial Affairs 26. 27. 28. Admitted. Admitted. Admitted. Defendant believes that any property transferred was transferred in the
ordinary course of business or financial affairs of Defendant. 29. Admitted. Debtor has a complete estate planning plan put in place; however, a
self-settled trust or similar device was never created. 30. 31. Admitted. Defendant admits that under property owned by another person, Defendant listed
[p]ersonal property, furniture, etc. for his wife. The Initial 341 Meeting 32. 33. 34. 35. 36. 37. 38. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Denied. The Continued 341 Meeting 39. 40. 41. Admitted. Admitted. Admitted.
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42.
Defendant admits that he purchased and held stock in his capacity as a director of
Union Equity, Inc. Otherwise, denied. 43. Defendant admits that is how he testified. Otherwise, denied. Omnibus Amendment to Schedules 44. 45. 46. Admitted. Admitted. Defendant admits he also amended his Schedule F for a second time to add one
additional unsecured creditor. Otherwise, without knowledge and therefore denied. 47. 48. 49. Denied. Without knowledge and therefore denied. Admitted. Rule 2004 Examination 50. 51. 52. Admitted. Admitted. Admitted. Document Production 53. 54. 55. 56. Admitted. Admitted. Denied. Debtor did not own any stock referenced in the assignment and therefore admits
that nothing was listed on his SOFA. 57. 58. Defendant admits the Defendant produced to Plaintiff certain E-Trade Statements. Without knowledge and therefore denied.
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59. 60. 61. 62. 63.
Admitted. Denied. Denied. Without knowledge and therefore denied. Defendant admits there were no other transfers, other than property transferred in
the ordinary course of the business or financial affairs of debtor. 64. 65. 66. Denied. Without knowledge and therefore denied. Defendant admits there were no transfers to his daughter, other than property
transferred in the ordinary course of the business or financial affairs of the debtor. COUNT I Objection to Discharge Pursuant to 11 U.S.C. 727(a)(2)(A) [The Defendant, with intent to hinder, delay, or defraud a creditor or an officer of the estate transferred, removed, destroyed, mutilated or concealed property of the Defendant within one year before the date of filing of the petition.] 67. Defendant re-asserts and incorporates herein the answers to the allegations
contained in paragraphs 1 through 66. 68. knowledge. 69. 70. 71. 72. Denied. Denied. Denied. Denied. Defendant admits that Section 727(a)(2)(A) says what it says. Otherwise, without
COUNT II Objection to Discharge Pursuant to 11 U.S.C. 727(a)(2)(B)
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[The Defendant, with intent to hinder, delay, or defraud a creditor have transferred, removed, destroyed, mutilated or concealed property of the estate after the date of the filing of the petition.] 73. Defendant re-asserts and incorporates herein the answers to the allegations
contained in paragraphs 1 through 66. 74. knowledge. 75. 76. 77. 78. Denied. Denied. Denied. Denied. Defendant admits that Section 727(a)(2)(B) says what it says. Otherwise, without
COUNT III Objection to Discharge Pursuant to 11 U.S.C. 727(a)(4)(A) [The Defendant knowingly and fraudulently, in or in connection with the case made false oaths and/or accounts.] 79. Defendant re-asserts and incorporates herein the answers to the allegations
contained in paragraphs 1 through 66. 80. knowledge. 81 82. 83. Admitted. Denied. Denied. Section 727(a)(4)(A) requires the debtor knowingly and fraudulently, in Defendant admits that Section 727(a)(4)(A) says what it says. Otherwise, without
or in connection with the case 84. 85. 86. Denied. Admitted. Denied.
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87. 88. 89.
Denied. Denied. Denied.
COUNT IV Objection to Discharge Pursuant to 11 U.S.C. 727(A)(5) [The Defendant has failed to explain satisfactorily, before determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the debtors liabilities.] 90. Defendant re-asserts and incorporates herein the answers to the allegations
contained in paragraphs 1 through 66. 91. knowledge. 92. 93. 94. 95. 96. Denied. Admitted. Denied. Denied. Denied. AFFIRMATIVE DEFENSES First Affirmative Defense Plaintiffs complaint fails to state a claim upon which relief may be granted. Second Affirmative Defense Plaintiffs has failed to satisfy the heightened pleading requirements for its claim pursuant to Bankruptcy Rule of Procedure 7009(b) and, therefore, Plaintiffs Complaint fails to set forth any claim upon which relief can be granted against Defendant. Defendant admits that Section 727(a)(5) says what it says. Otherwise, without
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Third Affirmative Defense Defendant did not violate any disclosure requirements as Defendant has relied on the advice of corporate counsel. Defendant believes, in good faith, he could hold corporate stock in his capacity as a director, not in any individual capacity. As such, he lacks the requisite intent required to be denied a Discharge. Fourth Affirmative Defense Defendant did not violate any disclosure requirements as all acts were done in the ordinary course of Defendants business. Fifth Affirmative Defense Defendant specifically reserves the right to amend and/or supplement her affirmative defenses stated herein as discovery and investigation continues. The facts of the case have not been fully developed, and accordingly, Defendant reserves the right to assert all such affirmative defenses as they become known to Defendant.
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WHEREFORE, Charles R. Lance, respectfully requests that this Court grant the following relief: (i) dismiss the Complaint and all purported counts, claims, causes of action, and requests for relief set forth therein with prejudice; (ii) enter a discharge in Defendants favor; (iii) all costs of suit be taxes against Plaintiff; and (iv) such further legal and equitable relief as this Court deems just and proper..
RESPECTFULLY SUBMITTED, this 26th day of November, 2012.
/s/Jeffrey S. Ainsworth____________ Jeffrey S. Ainsworth, Esq. Florida Bar No.: 0060769 E-mail: jeff@mangum-law.com Mangum & Associates, P.A. 5100 Hwy. 17-92, Suite 300 Casselberry, Florida 32707 Telephone: (407) 478-1555 Facsimile: (407) 478-1552
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UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION IN RE: CHARLES R. LANCE Debtor. _______________________________________/ DONALD F. WALTON Plaintiff, v. CHARLES R. LANCE Defendant. _____________________________________/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by first class mail prepaid postage or CM/ECF this 26th day of November, 2012 to: Jill E. Kelso, Esq., United States Trustee, 135 W. Central Blvd., Suite 620, Orlando, FL 32801. CASE NO. 6:12-ap-00169-ABB Chapter 7 Case Number: 6:11-bk-19272-ABB
/s/ Jeffrey S. Ainsworth____________ Jeffrey S. Ainsworth, Esq. Mangum & Associates, P.A.

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Case 6:12-ap-00169-ABB

ANSWER AND AFFIRMATIVE DEFENSES

59. 60. 61. 62. 63.

COUNT II Objection to Discharge Pursuant to 11 U.S.C. 727(a)(2)(B)

87. 88. 89.

Denied. Denied. Denied.

RESPECTFULLY SUBMITTED, this 26th day of November, 2012.

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