Case Doc 19 Filed 06/01/16 Entered 06/01/16 14:19:45 Desc Main Document Page 1 of 13 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS

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1 Document Page 1 of 13 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS In re: ) Chapter 11 Cases ) TELEXFREE, LLC. ) MSH TELEXFREE, INC, and ) MSH TELEXFRESS FINANCIAL, INC. ) MSH Debtors ) ) Jointly Administered STEPHEN DARR, AS TRUSTEE ) OF THE CHAPTER 11 ESTATES OF ) Adversary Proceeding EACH DEBTOR ) No Plaintiff ) ) CARLOS WANZELER, et al. ) Defendants ) ANSWER TO THE COMPLAINT OF DEFENDANTS CARLOS WANZELER, JAMES MERRILL, PRISCILA FREITAS COSTA, FABIO WANZELER, LYVIA MARA CAMPISTA WANZELER, AND FEBE WANZELER DE ALMEIDA SOUZA Introduction and Preliminary Statement The Introduction and Preliminary Statement portions of the Complaint do not contain factual allegations requiring a response, or consist of unsupported opinion, speculation and conjecture on the part of the Trustee and his attorneys. To the extent that anything contained in these sections of the Complaint are read as alleging factual allegations requiring a response, the same are denied by Defendants Carlos Wanzeler, James Merrill, Priscila Freitas Costa, Fabio Wanzeler, Lyvia Mara Campista Wanzeler, and Febe Wanzeler De Almeida Souza (hereinafter collectively referred to as Defendants ).

2 Document Page 2 of 13 Parties 1. Defendants admit the allegations of this paragraph. 2. Defendants admit the allegations of this paragraph. 3. Defendants admit the allegations of this paragraph. 4. Defendants admit the allegations of this paragraph. 5. Defendants admit the allegations of this paragraph. 6. Defendants deny the allegations of this paragraph. 7. Defendants deny the allegations of this paragraph. 8. Defendants deny the allegations of this paragraph. 9. Defendants deny the allegations of this paragraph. 10. Defendants admit the allegations of this paragraph. 11. Defendants lack knowledge and information sufficient to form a belief as to the truth of 12. Defendants admit the allegations of this paragraph. 13. Defendants lack knowledge and information sufficient to form a belief as to the truth of 14. Defendants lack knowledge and information sufficient to form a belief as to the truth of 15. Defendants lack knowledge and information sufficient to form a belief as to the truth of 16. Defendants lack knowledge and information sufficient to form a belief as to the truth of 2

3 Document Page 3 of Defendants lack knowledge and information sufficient to form a belief as to the truth of 18. Defendants lack knowledge and information sufficient to form a belief as to the truth of 19. Defendants lack knowledge and information sufficient to form a belief as to the truth of 20. Defendants lack knowledge and information sufficient to form a belief as to the truth of 21. Defendants lack knowledge and information sufficient to form a belief as to the truth of 22. Defendants lack knowledge and information sufficient to form a belief as to the truth of 23. Defendants lack knowledge and information sufficient to form a belief as to the truth of 24. Defendants lack knowledge and information sufficient to form a belief as to the truth of 25. Defendants deny the allegations of this paragraph. 26. Defendants lack knowledge and information sufficient to form a belief as to the truth of Jurisdiction and Venue 27. This paragraph states a legal conclusion to which no response is required. 28. This paragraph states a legal conclusion to which no response is required. 29. This paragraph states a legal conclusion to which no response is required. 3

4 Document Page 4 of This paragraph states a legal conclusion to which no response is required. Prior Proceedings 31. Defendants admit the allegations of this paragraph. 32. Defendants admit the allegations of this paragraph. 33. Defendants lack knowledge and information sufficient to form a belief as to the truth of 34. Defendants lack knowledge and information sufficient to form a belief as to the truth of 35. Defendants admit the allegations of the first sentence of this paragraph, and that Defendant Merrill is currently under house arrest. Defendants deny that Wanzeler fled the country as alleged. 36. Defendants admit the allegations of this paragraph. 37. Defendants admit the allegations of this paragraph. Statement of Facts 38. Defendants lack knowledge and information sufficient to form a belief as to the truth of 39. Defendants lack knowledge and information sufficient to form a belief as to the truth of 40. Defendants lack knowledge and information sufficient to form a belief as to the truth of 41. Defendants lack knowledge and information sufficient to form a belief as to the truth of 4

5 Document Page 5 of Defendants lack knowledge and information sufficient to form a belief as to the truth of 43. Defendants lack knowledge and information sufficient to form a belief as to the truth of 44. Defendants lack knowledge and information sufficient to form a belief as to the truth of 45. Defendants deny 46. Defendants deny 47. Defendants deny 48. Defendants deny 49. Defendants deny 50. Defendants deny 51. Defendants deny 52. Defendants deny 53. Defendants deny 54. Defendants deny 55. Defendants deny 56. Defendants deny 57. Defendants deny 58. Defendants deny 59. Defendants deny 60. Defendants deny 61. Defendants deny 5

6 Document Page 6 of Defendants deny 63. Defendants deny 64. Defendants deny 65. Defendants deny 66. Defendants deny 67. Defendants deny 68. Defendants deny 69. Defendants deny 70. Defendants deny 71. Defendants deny 72. Defendants deny 73. Defendants deny 74. Defendants deny 75. Defendants deny 76. Defendants deny 77. Defendants deny 78. Defendants deny 79. Defendants deny 80. Defendants deny 81. Defendants deny 82. Defendants deny 83. Defendants deny 84. Defendants deny 6

7 Document Page 7 of Defendants deny 86. Defendants deny 87. Defendants deny 88. Defendants deny COUNT ONE 89. Defendants reallege and incorporate by reference the responses contained in each of the foregoing paragraphs. 90. Defendants deny 91. Defendants deny 92. Defendants deny 93. Defendants deny 94. Defendants deny 95. Defendants deny COUNT TWO 96. Defendants reallege and incorporate by reference the responses contained in each of the foregoing paragraphs. 97. Defendants deny 98. Defendants deny 99. Defendants deny 100. Defendants deny COUNT THREE 101. Defendants reallege and incorporate by reference the responses contained in each 7

8 Document Page 8 of Defendants deny 103. Defendants deny 104. Defendants deny 105. Defendants deny COUNT FOUR 106. Defendants reallege and incorporate by reference the responses contained in each 107. Defendants deny 108. Defendants deny 109. Defendants deny COUNT FIVE 110. Defendants reallege and incorporate by reference the responses contained in each 111. Defendants deny 112. Defendants deny 113. Defendants deny COUNT SIX 114. Defendants reallege and incorporate by reference the responses contained in each 115. Defendants deny 116. Defendants deny 117. Defendants deny 8

9 Document Page 9 of Defendants deny COUNT SEVEN 119. Defendants reallege and incorporate by reference the responses contained in each 120. Defendants deny 121. Defendants deny 122. Defendants deny 123. Defendants deny COUNT EIGHT 124. Defendants reallege and incorporate by reference the responses contained in each 125. Defendants deny 126. Defendants deny 127. Defendants deny 128. Defendants deny 129. Defendants deny 130. Defendants deny 131. Defendants deny COUNT NINE 132. Defendants reallege and incorporate by reference the responses contained in each 133. Defendants deny 134. Defendants deny 9

10 Document Page 10 of Defendants deny COUNT NINE 136. Defendants reallege and incorporate by reference the responses contained in each of the foregoing paragraphs 137. Defendants deny 138. Defendants deny 139. Defendants deny 140. Defendants deny COUNT TEN 141. Defendants reallege and incorporate by reference the responses contained in each of the foregoing paragraphs 142. Defendants deny 143. Defendants deny 144. Defendants deny 145. Defendants deny PRAYER FOR RELIEF Defendants state that Plaintiff is not entitled to any relief since his legal and factual claims are unfounded and unsupportable. FIRST AFFIRMATIVE DEFENSE The Complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE The Complaint is subject to dismissal for lack of personal jurisdiction over the Defendants. 10

11 Document Page 11 of 13 THIRD AFFIRMATIVE DEFENSE The Complaint is subject to dismissal for improper and insufficient service of process. FOURTH AFFIRMATIVE DEFENSE The Complaint is subject to dismissal for improper venue. FIFTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred, in whole or in part, by the applicable statutes of limitation. SIXTH AFFIRMATIVE DEFENSE Plaintiff s claims are barred by the doctrines of accord and satisfaction, and payment. SEVENTH AFFIRMATIVE DEFENSE Plaintiff s claims are barred by the doctrines of release and waiver. EIGHTH AFFIMATIVE DEFENSE Plaintiff has failed to allege fraud and fraudulent transfers with sufficient particularity. NINTH AFFIRMATIVE DEFENSE Defendants reserve the right to assert any and all additional legal and/or equitable affirmative defenses that may become apparent during the course of discovery and trial. WHEREFORE, having fully answered Plaintiff s Complaint, Defendants request that it be dismissed with prejudice; that judgment be entered for Defendants; and that Defendants be awarded his costs, expenses and attorneys fees herein. 11

12 Document Page 12 of 13 DEFENDANTS DEMAND A TRIAL BY JURY Respectfully submitted, By their attorneys, /s/ Paul V. Kelly Paul V. Kelly (BBO No ) Jackson Lewis P.C. 75 Park Plaza Boston, MA paul.kelly@jacksonlewis.com Tel. (617) Dated: June 1, 2016 Fax (617)

13 Document Page 13 of 13 CERTIFICATE OF SERVICE I hereby certify that a true copy of this document was served on Plaintiff s Counsel on above date via the ECF filing system. /s/ Paul V. Kelly Jackson Lewis P.C , v. 2 13