leonard answer to trustee complaint

I

2

J

5

6

7

8

9

l0

ll

t2

l3

14

l5

t6

t7

l8

2t

22

23

24

25

l9

20

Timothy J. Dack, WSBA #18870Attorney at LawP.O. Box 61645Vancouver WA 98666-1645(360) 694-4227Attorney for Defendant

ANSWER OF DEFE,NDANT MARK A.LEONARD TO PLAINTIFF'S COMPLAINT

Page I of5

Judge:Chapter:Location:Hearing:Tirne:Response Date:

Paul B. Snyder7

Vancouver, WA

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE WE,STERN DISTRICT OF WASHINGTON AT TACOMA

NO. l3-43836

MARK A. LEONARD.

ADV. PROC. I4-04061-PBS

ANSWER OF DEFENDANT MARK A.LEONARD TO PLAINTIFF'S COMPLAINT

The Defendant, Mark A. Leonard, by and through his attomey, Timothy J. Dack,

respectfully submits this answer to plaintifls complaint.

l. Any and all allegations contained in plaintifls complaint that are not specifically

admitted herein are hereby denied.

2. Leonard is without sufficient information to form a belief as to the truth or

validity of paragraphs I , 2, and 3 of plaintiffl s complaint and therefore denies the same.

3. Leonard admits paragraph 4 of plaintiff s complaint.

Law Olllce of

Timothy J. DackMallinS I PO 80x 61645, Vancouver, WA 98666-1645

Office | 1014 Franklin Street, Suite 102, Vancouver, WA 98660

tt 360-694'4227 | fr 360'450-3090

RUSSE,LL D. GARRETT, CHAPTER 7

TRIJSTEE FOR THE E,STATE, OF

MARK A. LEONARD.

Plaintiff,

vs.

MARK A. LEONARD,Defendant.

Case 14-04061-PBS Doc 7 Filed 06/27/14 Ent. 06/27/14 11:29:26 Pg. 1 of 5

r0

il

12

l3

t4

l5

l6

t1

l8

l9

21

Z)

24

25

4. Leonard admits that portion of paragraph 5 of plaintifls complaint that alleges

that the plaintiff is the Chapter 7 trustee in Leonard's Chapter 7 bankruptcy filing and is without

sulllcient information to form a belief as to the truth or validity of the remainder of paragraph 5

of plaintift-s complaint and therefore denies the same.

5. Leonard admits paragraphs 6 and 7 of plaintifl--s complaint.

6. Leonard admits that portion of paragraph 8 of plaintiff--s complaint that alleges

that Tytan Holdings, Inc. was fbrmed in June of 2009 to operate as a publically traded holding

company.

7 . Leonard admits paragraphs 9, I 0, I I , and 1 2.

8. Leonard admits that portion of paragraph 13 of plaintift-s complaint that alleges

that on or about December 2009 50,000 prefbrred Series A shares were transf-erred to each of

Leonard's daughters. Heather S. Jaeger and Holly A. King for no value.

9. Leonard admits that potion of paragraph 14 of plaintiff s complaint that alleges

that Leonard held the title of Chief Executive Olllcer for Tytan Holdings. Inc.

10. Leonard is without sutl-rcient intbrmation to fbrm a belief as to the truth or

validity of paragraph l5 of plaintiff s complaint and therefbre denies the same.

1 1 . Leonard admits paragraphs 16 and l7 of plaintiff s complaint.

12. Leonard admits that portion of paragraph 18 of plaintiff-s complaint that alleges

that Leonard's signature was affixed to Consolidated Financial Statements fbr the years 2010,

201.7, and2012 for Tytan Int'1 and/or Tytan Holdings, Inc., and lurther admits that the

Consolidated Financial Statements speak for themselves.

1 3. Leonard admits that portion of paragraph I 9 of plaintiff s complaint that alleges

that Leonard's signature was affixed to Consolidated Financial Statements fbr the years 2010,

2011. and2012 for Tytan Int'l and/or Tytan Holdings. Inc., and further admits that the

Consolidated Financial Statements speak for themselves.

14. Leonard admits paragraph 20 of plaintifl's complaint.

I 5. Leonard admits paragraphs 2land 22 of plaintifl- s complaint to the extent that it

is consistent with the transcripts from the 341(a) hearing and2004 examination that are

referenced.

ANSWE,R OF DEFENDANT MARK A.LEONARD TO PLAINTIFF'S COMPLAINT

of5

Law OIIice of

Timothy J. DackMaillngl PO Box 61645, Vancouver, WA 98666'1645

Offlc€ I 1014 Franklin street, Suite 102, Vancouver, wA 98660

t 36a-694-4227 f: 350-450-3090


I

2

3

4

5

6

7

8

9

l0

lt

t2

l3

14

l5

t6

t7

l8

19

20

2l

22

23

24

25

16. Leonard admits paragraph 23 of plaintiff s complaint to the extent that it is

consistent with the 2011 Consolidated Financial Statement filed by Tytan Holdings, Inc.


validity of paragraphs 24 and 25 of plaintiff s complaint and therefore denies the same.

18. Leonard admits paragraphs 26 and27 of plaintiff s complaint to the extent that

each paragraph is consistent with the transcripts from the 3al@) hearing and2004 examination

that are referenced.

19. Leonard denies paragraph 28 of plaintiff s complaint.

20. Leonard admits that portion of paragraph2g of plaintiff s complaint that alleges

that in November of 2013 and January of 2014 equipment was imported from China under the

name of Truper Corporation, and entity owned by Leonard.

21. Leonard admits paragraph 30 of plaintiff s complaint to the extent that it is

consistent with the transcripts from the 3al(a) meeting and2004 examination referenced.


validity of paragraph 31 of plaintiff s complaint and therefore denies the same.

23. Leonard denies paragraph 32 of plaintifPs complaint.

24. Leonard admits and denies paragraph I under plaintifls First Claim for Relief as

set forth above.

25. Leonard denies paragraphs 2,3, and 4 under plaintiff s First Claim of Relief.

26. Leonard admits and denies paragraph 1 under plaintiff s Second Claim for Relief

as set forth above.

27. Leonard denies paragraphs 2 and 3 under plaintiff s Second Claim of Relief.

28. Leonard admits and denies paragraph 1 under plaintiff s Third Claim for Relief as

set forth above.

29. Leonard denies paragraphs 2 and 3 under plaintiff s Third Claim of Relief.

30. Leonard admits and denies paragraph I under plaintiffls Fourth Claim for Relief

as set forth above.

3 1 . Leonard denies paragraphs 2, 3 , and 4 under plaintiff s Fourth Claim of Relief.

ANSWER OF DEFENDANT MARK A. LAWOffiCCOf

LEoNARD To pLAINTIFF's coMpLAINT Tfmgthy J' Dack*'.ll"l'#''?3"iilffi ;lJl l,ll';YL'"T.,',1*:';...

t: 360-6944227 | f: 360-450-3090

of5Case 14-04061-PBS Doc 7 Filed 06/27/14 Ent. 06/27/14 11:29:26 Pg. 3 of 5

I

2

3

4

5

6

1

8

9

10

ll

t2

l3

l4

15

t6

17

r8

l9

20

21

22

23

24

25

32. Leonard admits and denies paragraph 1 under plaintiff s Fifth Claim for Relief as

set forth above.

33. Leonard denies paragraphs 2 and 3 under plaintiff s Fifth Claim of Relief.

WHEREFORE, having answered plaintiff s complaint in full, Defendant Mark A.

Leonard respectfully requests that this Court dismiss plaintiffls complaint in full, enter an order

of discharge, and award Defendant his attomey's fees and costs for having to defend himself in

this matter as allowed by law.

Respectfully submitted this ofJune,2014.

DEFENDANT'S VERIFICATION

Mark A. Leonard, the above named def'endant. hereby certifles under penalty of perjury

according to the laws of the State of Washington that he has reviewed the fbregoing Answer to

Plaintiff--s Complaint and has personal knowledge of the content thereof and believes the same

to be true and correct to the best of my knowledge and belief.

/Dated ,ni, .'ilfllay ot'June. 2014.

ZL

Place of signing:

Mark A. Leonard


of5

Law Ofllce of

Timothv J. DackJ

Maillnt I PO 8ox 51645, Vancouver, WA 98665-1645Office | 1014 Franklin Street, Suite 102, Vancouver, WA 98660

tt 360-694-4227 | fr 360-450-3090

J.[Dack, WSBA#18870for Defendant Mark A. Leonard


7

8

9

l0

11

12

13

t4

15

t6

tl

l8

l9

20

2t

22

23

24

25

CERTIFICATE OF SERVICE

I cerlify that on tne 7-7- day of June, 2014, I caused a true and correct copy of the

fbregoing to be served on the following parties as indicated below:

Russell D. Garrett, Esq.Jordan Ramis, PC1499 SE Tech Center PlaceSuite 380Vancouver, WA 98683

Dated tni, 21


of5

X u.s. tr,tait

! Overnight MailE via Facsimile

E Hand Deliveryf, via Email

E u.s. tr,lait

I overnight MailE via Facsimile

! Hand Delivery! via Email

E u.s. Haait

I Ovemight MailE via Facsimile

I Hand Delivery! via Email

trtrtrtrtr

U.S. MailOvernight MailVia FacsimileHand DeliveryVia Email

Law Ollice of

Timothy J. DackMaillng I PO 8ox 61&5, Vancouver, WA 98666-1645

Office | 1014 Franklin Street, Suite 102, Vancouver, WA 98660

tt 360-694'4227 | f: 360-450'3090


leonard answer to trustee complaint

Documents