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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

)
In re: )
)
SUSAN TRAVIS RIDGWAY ) Case No. 10-01624 DWH
) Chapter 7
Debtor. )
)
BETTY RUTH FOX, CONSERVATOR OF
HENRY G. FOX, AND BETTY RUTH FOX,
INDIVIDUALLY PLAINTIFF

v. Adversary Proceeding No. 10-00088

SUSAN TRAVIS RIDGWAY DEFENDANT

ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW Susan Travis Ridgeway, the Debtor and Defendant herein, and files her

Answer and Affirmative Defenses to the Complaint [Dkt #1] filed by Betty Ruth Fox, as

Conservator for Henry Fox and Individually (collectively, the “Foxes”) and would show as

follows:

First Defense

The Complaint fails to state a claim upon which the requested relief or any relief can be

granted.

Second Defense

Defendant asserts all affirmative defenses contained in Fed.R.Civ.P. 8, as incorporated

herein by Fed.R.Bankr.P. 7008.

Third Defense

Plaintiffs failed to plead fraud with particularity.

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Fourth Defense

All action taken by Defendant in her bankruptcy was taken in good faith and all

information provided by Defendant in her bankruptcy was believed to be true and correct at the

time provided to the best of Defendant’s knowledge.

Fifth Defense

Defendant denies each and every allegation contained in the Complaint except that which

is specifically admitted below. Further, responding paragraph by paragraph, Defendant states the

following:

1. Admitted.

2. Admitted, upon information and belief.

3. Admitted, upon information and belief.

4. Admitted.

5. Admitted.

6. Defendant admits only that the complaint in the State Court Action speaks for

itself, as does Defendant’s answer thereto denying the allegations against her.

7. Admitted, upon information and belief.

8. Defendant admits only that the complaint in the State Court Action speaks for

itself, as does Defendant’s answer thereto denying the allegations against her. The remaining

allegations of ¶ 8 of the Complaint are denied.

9. Admitted.

10. Defendant admits only that the documents and pleadings filed with the court

speak for themselves. The remaining allegations of ¶ 10 of the Complaint are denied.

11. Defendant admits only that the documents filed with the court speak for

themselves. The remaining allegations of ¶ 11 of the Complaint are denied.

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12. Defendant admits that an order was entered, by agreement, providing for

Defendant’s Rule 2004 examination. Defendant is without information sufficient to form a

belief as to when Plaintiffs discovered any facts and therefore denies such allegations.

Defendant affirmatively states that (a) all trusts as to which she is a beneficiary are spendthrift

trusts in which Defendant holds only a beneficial interest which, as a matter of law, are not

property of the estate under § 541(c)(2), (b) the Chapter 7 trustee was informed about and

advised of the existence of all trusts Defendant was aware of; and (c) there is no basis in law for

Plaintiffs to assert any cause of action against Defendant based on these trusts. Defendant

affirmatively states that Plaintiffs asked questions regarding claims against Richard Troy Jones,

who is Defendant’s boyfriend, at the § 341 meeting, as well as questions regarding any potential

claim against John Grafe, and the Chapter 7 trustee has been provided with requested

information with regard to such claim(s).

13. Plaintiffs have been provided with a listing of the items held by Defendant but

that are not property of the Debtor or the estate, as requested, prior to filing the Complaint. The

allegations in ¶ 13 are mischaracterizations of fact and are denied as stated.

14. The documents from which the allegations in ¶ 14 are derived speak for

themselves (bank account and investment account statements) and Plaintiffs have no basis for

alleging that the use of such funds is in any way improper. Therefore, the allegations in ¶ 14 are

denied as stated, and the Debtor’s testimony is documented by transcript which speaks for itself.

Plaintiff’s counsel was advised at the Rule 2004 examination of the difficulty and delays in

obtaining the requested credit card statements (which accounts had been closed due the

bankruptcy) and was advised that he might consider issuing a subpoena to obtain the records in a

more timely manner, which was not done. Since the filing of the Complaint, the documents were

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received and immediately provided to Plaintiff’s counsel. Therefore, these allegations in ¶ 14 are

denied and constitute material misrepresentations of fact and should be stricken from the

Complaint.

15. Denied as stated. Defendant affirmatively states that a full explanation of the

basis for the insured value of the personal property compared to the scheduled value was

provided to Plaintiffs in their Rule 2004 examination of Debtor.

16. Defendant admits only that she filed amended schedules and statement of

financial affairs which speak for themselves. Defendant incorporates her previous responses to ¶

12. The remaining allegations of ¶ 16 of the Complaint are denied.

17. Defendant admits only that the documents referenced speak for themselves. The

remaining allegations of ¶ 17 of the Complaint are denied.

18. Defendant incorporates her responses to ¶¶ 1-17.

19. Denied.

20. Defendant incorporates her responses to ¶¶ 1-19.

21. Denied. Defendant further states that such allegations are without basis in fact,

constitute material misrepresentations to this Court and should be stricken from the Complaint.

22. Defendant incorporates her responses to ¶¶ 1-21.

23. Denied.

24. Defendant denies that Plaintiffs are entitled to the relief requested in the last

unnumbered paragraph of the Complaint beginning “WHEREFORE,” or any relief against

Defendant whatsoever.

And now, having fully answered the allegations of the Complaint and asserted her

defenses, Defendant requests that the Complaint against her be dismissed with prejudice at

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Plaintiffs’ cost. Defendant reserves all rights she may have against Plaintiffs, including all rights

under Fed. R. Bankr.P. 9011 and otherwise.

THIS the 14th day of October, 2010.

Respectfully submitted,

SUSAN TRAVIS RIDGWAY

By: /s/ Douglas C. Noble

Douglas C. Noble, MS Bar No. 10526

McCraney, Montagnet & Quin, PLLC
602 Steed Road • Suite 200
Ridgeland, Mississippi 39157
Telephone: (601) 707-5725
Email: dnoble@mmqlaw.com
www.mmqlaw.com

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CERTIFICATE OF SERVICE

I do hereby certify that the foregoing pleading was filed electronically through the
Court’s CM/ECF system and served electronically on all parties enlisted to receive service
electronically and was separately served by e-mail on the following:

William J. Little
Counsel for Plaintiffs
littlewj@bellsouth.net

SO CERTIFIED, this the 14th day of October, 2010.

/s/ Douglas C. Noble