Jonathan B. Vivona, Esquire

Virginia State Bar No. 82762

601 King Street, Suite 400

Alexandria, Virginia 22314

(Tel) 703-739-1353 

(Fax) 703-337-0490

Counsel for Tabinda Sarfraz

0IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

IN RE: )

)

TABINDA SARFRAZ, ) Case No. 17-12840-KHK

) Chapter 7

Debtor, )

_________________________________________ )

)

)

IFTAKHAR KHAN, ) Adversary Pro. No. 17-01123-KHK

)

Plaintiff, )

)

v. )

)

TABINDA SARFRAZ, )

)

Defendant. )

_________________________________________ )

ANSWER TO AMENDED COMPLAINT

COMES NOW, Defendant, Tabinda Sarfraz (“Sarfraz”), by counsel, and files the 

following Answer to the Amended Complaint filed by Plaintiff, Iftakhar Khan (“Khan”).

1. Admitted.

2. Admitted.

3. Admitted.

4. Admitted.

5. Admitted.

6. Admitted.

7. The allegations contained in Paragraph 7 are conclusions of law to which 

no response is required. To the extent a response is required these allegations are denied.

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8. The allegations contained in Paragraph 8 are conclusions of law to which 

no response is required. To the extent a response is required these allegations are denied.

PARTIES

9. Sarfraz lacks sufficient knowledge to admit or deny the allegations 

contained in Paragraph 9 and therefore denies them.

10. Admitted.

BACKGROUND AND PLAINTIFF’S STATE 

COURT PROCEEDINGS AGAINST THE DEBTOR

11. Sarfraz admits that she borrowed $150,000.00 from Khan. However, she 

denies signing all documents pertaining to the loan because they were presented to her in a 

disorganized manner. The loan documents were signed by her and Khan before a notary at a bank 

on December 19, 2015, the day after she actually received the check from Khan which is dated 

December 18, 2015. Sarfraz does not recall seeing the first page of the Confessed Judgment 

Promissory Note. Safraz further denies that any loan documents were prepared at her request. 

Sarfraz denies the remaining allegations of Paragraph 11.

12. Denied.

13. Denied.

14. Denied.

15. Admitted.

16. Sarfraz admits that she borrowed $150,000.00 from Khan. However, she 

denies signing all documents pertaining to the loan because they were presented to her in a 

disorganized manner. The loan documents were signed by her and Khan before a notary at a bank 

on December 19, 2015, the day after she actually received the check from Khan which is dated 

December 18, 2015. Sarfraz does have some recollection of certain pages of the document 

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identified in Paragraph 16. However, Sarfraz denies that any loan documents were prepared at her 

request or that she retained any originals. Sarfraz denies the remaining allegations of Paragraph 

16.

17. Sarfraz admits that she borrowed $150,000.00 from Khan. However, she 

denies signing all documents pertaining to the loan because they were presented to her in a 

disorganized manner. The loan documents were signed by her and Khan before a notary at a bank 

on December 19, 2015, the day after she actually received the check from Khan which is dated 

December 18, 2015. Sarfraz does have some recollection of certain pages of the document 

identified in Paragraph 17. However, Sarfraz denies that any loan documents were prepared at her 

request or that she retained any originals. Sarfraz denies the remaining allegations of Paragraph 

17.

18. Sarfraz admits that she executed the six (6) checks drawn on her personal, 

joint account with her sister and mother, Tahira Sarfraz and Farzana Kousar at PNC Bank. Sarfraz 

denies that she wrote these six (6) checks from the Tahera B’s Hookah Lounge, LLC business 

account at PNC Bank where the funds were deposited and to whom the check was made.

19. Sarfraz admits that Khan cashed the interest checks dated February 1, 2016, 

March 1, 2016 and April 1, 2016. Sarfraz denies that these were the only repayments to Khan for 

the sums due on the Note.

20. Sarfraz admits that she transferred the loan proceeds to an account at Bank 

of America. Sarfraz denies that she violated the alleged security agreement referred to as “Security 

Agreement Number 2”. The $150,000.00 check from Khan was made out to Tahera B’s Hookah 

Lounge, LLC while the checks Sarfraz wrote contemporaneously were made from a personal, joint 

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account with her sister and mother. Thus, the parties’ never intended for the funds to remain in 

the business account or for Khan to be repaid from the business account. 

21. Sarfraz admits that she obtained a cashier’s check payable to herself on 

April 29, 2016 in the amount of $150,000.00 which she later deposited into her Apple Federal 

Credit Union Account on June 6, 2016. Sarfraz’s intent was to provide these funds to Khan once 

he and Mian Amir returned the cash that she paid Amir in connection with the loan transaction and 

business purchase as well as the checks that she wrote to Khan. In fact, the very same day, shortly 

before obtaining this cashier’s check, Sarfraz obtained a cashier’s check payable to Iftakhar Khan

that she intended to give to Mian Amir upon receipt of the items. However, when she met with

Mian Amir at the bank he did not have the cash or checks. Sarfraz refused to give Amir the check 

at that time but told Amir that as long as the items were returned to her she would give the 

$150,000.00 back to Khan. She waited until June 2016 for these items to be returned. However, 

when Khan attempted to deposit the June 1, 2016 interest check, she knew that neither Khan nor

Amir had any intent of returning the checks or cash to her, and she deposited the $150,000.00 in 

the Apple Federal Credit Union account. The remaining allegations of Paragraph 21 are denied.

22. Sarfraz admits that all funds were disbursed from the Apple Federal Credit 

Union Account. Sarfraz denies the remaining allegations of Paragraph 22.

23. Denied.

24. Denied.

25. Denied.

26. Admitted.

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27. Sarfraz admits that the Fairfax County Circuit Court case was set for trial 

and that Khan did not obtain a confessed judgment. Sarfraz denies the remaining allegations of 

Paragraph 27. 

28. Sarfraz is without sufficient knowledge to admit or deny the allegations 

contained in Paragraph 28 and therefore denies them.

29. Sarfraz admits that the Fairfax County action was set for jury trial and that 

she filed the bankruptcy petition on August 19, 2017. Sarfraz denies the remaining allegations 

contained in Paragraph 29.

COUNT I

NONDISCHARGEABILITY OF PLAINTIFF’S CLAIM

UNDER SECTION 523(a)(2)(A) OF THE BANKRUPTCY CODE

30. Sarfraz incorporates herein by reference her responses to the preceding 

Paragraphs 1 through 29 of the Answer.

31. Bankruptcy Code §523(a)(2)(A) speaks for itself. To the extent the 

allegations contained in Paragraph 31 differ from 11 U.S.C. §523(a)(2)(A) they are denied.

32. The allegations contained in Paragraph 32 are conclusions of law to which 

no response is required. To the extent a response is required these allegations are denied.

33. Sarfraz admits that she executed the six (6) checks drawn on her personal, 

joint account with her sister and mother, Tahira Sarfraz and Farzana Kousar. Sarfraz denies the 

remaining allegations of Paragraph 33, specifically that she prepared the document identified as 

Security Agreement Number 2.

34. Denied.

35. Denied.

36. Denied.

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37. Denied.

38. Denied.

39. Denied.

40. Denied.

41. Denied.

42. Denied.

PRAYER FOR RELIEF

Sarfraz denies that Khan is entitled to any of the relief requested, including without 

limitation any judgment for damages, a determination that the debt owed to Khan is 

nondischargeable, or a judgment denying her discharge

COUNT II

OBJECTION TO DEBTOR’S DISCHARGE 

UNDER SECTION 727(a)(4)(a) OF THE BANKRUPTCY CODE

43. Sarfraz incorporates herein by reference her responses to the preceding 

Paragraphs 1 through 42 of the Answer.

44. Bankruptcy Code §727(a)(4)(A) speaks for itself. To the extent the 

allegations contained in Paragraph 44 differ from 11 U.S.C. §727(a)(4)(A) they are denied.

45. Sarfraz admits that her testimony at the 341 meeting was under oath. 

Sarfraz denies that she knowingly or fraudulently made any false oath or account at the 341 

meeting.

46. Sarfraz admits that Tahera B’s Hookah Lounge, LLC was established on 

November 11, 2015 and that she was President of this entity. Sarfraz shall amend her bankruptcy 

petition and schedules accordingly. Sarfraz denies that she knowingly or fraudulently made any 

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false oath or account on her bankruptcy schedules and denies the remaining allegations of 

Paragraph 46.

47. Sarfraz admits that she has denied seeing the first page of the document 

identified by Khan as the Confessed Judgment Promissory Note. Sarfraz lacks sufficient 

knowledge to admit or deny the allegations concerning legal positions taken in her civil case in 

Fairfax County and therefore denies them. Sarfraz denies the remaining allegations contained in 

Paragraph 47. 

48. Sarfraz listed Khan’s claim on Schedule E/F of her bankruptcy filing. 

Sarfraz disputes Khan’s claim and alleges a counterclaim against him thus she listed the amount 

owed as $0.00. Sarfraz shall amend her bankruptcy petition and schedules to state the amount 

alleged to be owed and clarify that this is a disputed claim. Sarfraz denies that she knowingly or 

fraudulently made any false oath or account on her bankruptcy schedules and denies the remaining 

allegations of Paragraph 48. 

49. Sarfraz admits that she listed several payments in Exhibit “A” to Question 

18 of her Statement of Financial Affairs and that some of these payments were made in cash. 

Sarfraz denies that she knowingly or fraudulently made any false oath or account on her 

bankruptcy schedules and denies the remaining allegations of Paragraph 49. 

50. Denied.

51. Denied.

52. Denied. Sarfraz denies that any payments made to her family members or 

agents of Khan were gifts, and instead asserts that they were loan repayments.

53. Denied.

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PRAYER FOR RELIEF

Sarfraz denies that Khan is entitled to any of the relief requested, including without 

limitation any judgment for damages, a determination that the debt owed to Khan is 

nondischargeable, or a judgment denying her discharge.

COUNT III

OBJECTION TO DEBTOR’S DISCHARGE 

UNDER SECTION 727(a)(2)(A) OF THE BANKRUPTCY CODE

54. Sarfraz incorporates herein by reference her responses to the preceding 

Paragraphs 1 through 53 of the Answer. 

55. Bankruptcy Code §727(a)(2)(A) speaks for itself. To the extent the 

allegations contained in Paragraph 55 differ from 11 U.S.C. §727(a)(2)(A) they are denied.

56. Denied. 

57. Denied.

PRAYER FOR RELIEF

Sarfraz denies that Khan is entitled to any of the relief requested, including without 

limitation any judgment for damages, a determination that the debt owed to Khan is 

nondischargeable, or a judgment denying her discharge.

COUNT IV

OBJECTION TO DEBTOR’S DISCHARGE 

UNDER SECTION 727(a)(3) OF THE BANKRUPTCY CODE

58. Sarfraz incorporates herein by reference her responses to the preceding 

Paragraphs 1 through 57 of the Answer.

59. Bankruptcy Code §727(a)(3) speaks for itself. To the extent the allegations 

contained in Paragraph 59 differ from 11 U.S.C. §727(a)(3) they are denied.

60. Denied.

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61. Denied.

PRAYER FOR RELIEF

Sarfraz denies that Khan is entitled to any of the relief requested, including without 

limitation any judgment for damages, a determination that the debt owed to Khan is 

nondischargeable, or a judgment denying her discharge.

COUNT V

OBJECTION TO DEBTOR’S DISCHARGE 

UNDER SECTION 727(a)(5) OF THE BANKRUPTCY CODE

62. Sarfraz incorporates herein by reference her responses to the preceding 

Paragraphs 1 through 61 of the Answer.

63. Bankruptcy Code §727(a)(5) speaks for itself. To the extent the allegations 

contained in Paragraph 63 differ from 11 U.S.C. §727(a)(5) they are denied.

64. Denied.

PRAYER FOR RELIEF

Sarfraz denies that Khan is entitled to any of the relief requested, including without 

limitation any judgment for damages, a determination that the debt owed to Khan is 

nondischargeable, or a judgment denying her discharge.

WHEREFORE, having answered Plaintiff, Iftakhar Khan’s Amended Complaint, 

Defendant, Tabinda Sarfraz respectfully request that the Court enter an order dismissing Plaintiff’s

Amended Complaint with prejudice and award Defendant such other and further relief as the Court 

deems just and proper.

TABINDA SARFRAZ

By Counsel

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JONATHAN B. VIVONA, PLC

__/s/ Jonathan B. Vivona __

JONATHAN B. VIVONA, ESQUIRE

Virginia State Bar No. 82762

601 King Street, Suite 400

Alexandria, Virginia 22314

Telephone Number: (703) 739-1353

Fax Number: (703) 337-0490

vivonalaw@gmail.com

Counsel for Tabinda Sarfraz

CERTIFICATE OF SERVICE

I hereby certify that on the 5

th day of March, 2018 a true copy of the foregoing 

Answer was served electronically pursuant to this Court’s CM/ECF procedures on: Martin R. 

Mann, Esquire, 211 Park Avenue, Falls Church, Virginia 22046.

____/s/ Jonathan B. Vivona__________

JONATHAN B. VIVONA

.

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