Robinson v. Worley (In re Worley)

517 B.R. 593, 2014 Bankr. LEXIS 3986
CourtUnited States Bankruptcy Court, M.D. North Carolina
DecidedSeptember 18, 2014
DocketBankruptcy No. 13-50180; Adversary No. 13-06081
StatusPublished
Cited by2 cases

This text of 517 B.R. 593 (Robinson v. Worley (In re Worley)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Worley (In re Worley), 517 B.R. 593, 2014 Bankr. LEXIS 3986 (N.C. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

CATHARINE R. ARON, Bankruptcy Judge.

THIS MATTER came before the Court for trial on September 4, 2014, after due and proper notice, upon the Complaint Objecting to Discharge (the “Complaint” or “Objection to Discharge”) filed by Wann Van Robinson, Mary D. Robinson, and the Wann Van Robinson Revocable Trust (collectively, the “Robinsons”). Appearing before the Court was R. Scott Adams and Rayford K. Adams, counsel for the Robin-sons; Jason Jelinek and Phillip Bolton, counsel for Jason Clint Worley (the “Debt- or”); and Bruce Magers (“Mr. Magers”) as Chapter 7 Trustee. The Debtor also appeared and testified before the Court. Following the trial, and upon consideration of the Complaint, the responses thereto, the arguments of counsel, the live testimony of the Debtor and Mr. Magers, and the deposition testimony of Daniel Crapps and Joshua Crapps, and for the reasons that follow, the Court will grant the Robinsons’ Objection to Discharge pursuant to 11 U.S.C. § 727(a)(4) and deny the Debtor’s discharge in the bankruptcy case.

FINDINGS OF FACT

I. PRE-PETITION BACKGROUND

A. The Debtor’s Financial Experience and Employment History

Beginning in the early 2000s, the Debtor became actively involved in the financial industry. Graduating from the University of Florida in 2001 with a Bachelor’s degree in finance, the Debtor obtained employment with Edward Jones in 2002. The Debtor subsequently received his Series 7 and Series 68 licenses, which allowed him to purchase securities and perform financial transactions. Between 2006 and 2007, Edward Jones promoted the Debtor to a limited partner, and the Debtor earned approximately $140,000.00 in 2009. Although the Debtor insisted at trial that he was unable to recall his salary for the years preceding 2009, he later admitted that he first earned in excess of $100,000.00 in 2004, and made over $850,000.00 in 2008. During his employment at Edward Jones from 2002 to 2009, the Debtor earned a total of $1,400,000.00, and received approximately $1,100,000.00 after taxes.

[596]*596While the Debtor initially deposited all paychecks into his Edward Jones account, he later transferred funds to Amy Wor-ley’s trust account on a regular basis. Amy Worley’s trust account was established at Bank of America between 2001 and 2002, and was originally funded with her own income. The Debtor’s contributions to Amy Worley’s trust account were used to cover daily living expenses. The Debtor then either spent or invested the remaining funds in his Edward Jones account. Specifically, the Debtor was enticed by the “heavy investment environment” of the early 2000s and made the following relevant expenditures:

1. The Debtor purchased a house in Florida by putting $15,000.00 down and securing a loan for $305,000.00.
2. The Debtor purchased property at Cinnamon Lake by putting between $10,000.00 and $15,000.00 down and securing two loans for a total of $70,000.00.
3. The Debtor purchased a home in Highlands, North Carolina by putting $10,000.00 down and securing a loan for $325,000.00.
4. The Debtor and two other individuals invested in property located at Dog Island. The Debtor’s share of this expense was approximately $60,000.00.
5. The Debtor and two other individuals invested in property located at Alligator Island. The Debtor put $60,000.00 down and was responsible for his 1/3 share of the $720,000.00 loan.
6. The Debtor invested in Gemini Land Trust, LLC (“Gemini”), with Joshua Crapps on January 24, 2006. The Debtor provided the initial funds for Gemini in the amount of $130,000.00, consisting of $65,000.00 for the Debtor’s share and a loan from the Debtor to Joshua Crapps in the amount of $65,000.00.

The Debtor’s payments on these mortgages and loans totaled approximately $90,000.00 per year. Additionally, the Debtor lost his $240,000.00 investment in the Alligator Island property and incurred $100,000.00 in student loan debt to pursue his Master of Business Administration at Emory University. Moreover, the Debtor established three LLCs during this period, including Gator Pointe, LLC, Dog Island Land Trust, LLC, and Euton Capital International, LLC. However, these LLCs were never funded, and the Debtor could not recall the purpose of these entities. By 2011, all of the Debtor’s income from Edward Jones was gone.

Following his departure from Edward Jones, the Debtor opened two Roth IRA (E*Trade) accounts, which are currently valued at $102,000.00 and $195,000.00. The Debtor converted his Edward Jones’ IRA accounts to Roth IRA accounts in 2010, and paid all applicable taxes on the conversion. These Roth IRA (E*Trade) accounts were funded solely through legal IRA contributions, and the Debtor maxed out his contributions every year since 1997.

After a brief stint at Worley Financial Services, LLC from 2009 to 2011, the Debtor secured employment at LPL Financial (“LPL”) in March 2011. LPL paid the Debtor a $75,000.00 signing bonus and offered the Debtor a $75,000.00 loan. The remainder of the Debtor’s income at LPL was based solely on commissions. The Debtor soon realized he was losing money at LPL and ended his employment contract. The Debtor was unable to secure full time employment for over a year before filing bankruptcy, and voluntarily relinquished his Series 7 and Series 63 licenses.

[597]*597 B. The Debtor’s Interest in Gemini

During the Debtor’s energized investment phase at Edward Jones, he and Joshua Crapps established Gemini Trust, LLC for the sole purpose of investing in real estate. The Debtor provided all initial funding for Gemini in the total amount of $130,000.00, consisting of $65,000.00 for the Debtor’s share and a loan from the Debtor to Joshua Crapps in the amount of $65,000.00. The Debtor financed Gemini by securing a $60,000.00 loan, and provided the remaining capital from his Edward Jones account. Although the Debtor fronted all capital contributions for Gemini, Joshua Crapps received a 2% interest in Gemini up front, and the Debtor and Joshua Crapps each received 49% of the remaining interest.

Subsequent to its formation, and in order to fulfill its sole purpose, Gemini purchased a 10% ownership interest in Pel-ham Land Group, LLC (“Pelham”). The Debtor and Joshua Crapps learned of Pel-ham through Daniel Crapps, an experienced real estate broker.1 Pelham owned approximately 587 acres of timberland in Mitchell County, Georgia, with an initial estimated sale value of $8,000.00 per acre. By the end of 2006, Pelham listed Gemini’s 10% interest as having a total value of $164,484.00 (49% of which represented the Debtor’s share). This valuation decreased slightly from 2007 to 2012, with the current valuation figure at $132,128.00. For 2012, the price per acre of the Pelham land had decreased to $2,250.00. The Georgia tax valuation illustrates that the entire Pelham property is divided into two parcels, with a fair market value of $604,000.00 for the larger tract and $107,000.00 for the smaller tract.

In addition to its sale value, the Pelham land produces income through farming, hunting, and timber leases.

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Cite This Page — Counsel Stack

Bluebook (online)
517 B.R. 593, 2014 Bankr. LEXIS 3986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-worley-in-re-worley-ncmb-2014.