UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 7 

 

EMMANUEL ENRIQUE PACIN, Case No. 21-20189-LMI 

 

 Debtor. 

 / 

MOTION TO DENY DISCHARGE 

Drew M. Dillworth, duly appointed, qualified and acting chapter 7 trustee of the 

bankruptcy estate of Pac Comm Inc., Case No. 21-19682-RAM, pursuant to 11 U.S.C. § 727, 

and Rule 9024, Fed. R. Bankr. P. (as made applicable by agreement), respectfully moves (the 

“Motion”) for the entry of an order denying Mr. Pacin’s discharge in this case. 

1. On October 6, 2021, Pac Comm filed a voluntary chapter 7 bankruptcy petition 

commencing the case styled In re Pac Comm, Inc., 21-19682-RAM (the “Corporate Case” or 

“Corporate Estate”). 

2. On October 21, 2021, Mr. Pacin filed a voluntary chapter 7 bankruptcy petition 

commencing case the styled In re Emmanuel Pacin, 21-20189-LMI (the “Individual Case”). 

3. Disputes arose with Mr. Pacin concerning the Corporate Case. As a consequence, 

on May 16, 2022, Trustee Dillworth filed an adversary proceeding in the Individual Case 

objecting to Mr. Pacin receiving a discharge, pursuant to 11 U.S.C. § 727(a)(7), based upon the 

allegations concerning Mr. Pacin’s actions or inaction in the Corporate Case and related matters. 

See Second Amended Complaint [Adv. ECF No. 25] in Dillworth v. Pacin, 22-1161-LMI (the 

“Adversary Proceeding”). 

4. On or about November 17, 2023, the parties reached a settlement concerning 

Case 21-20189-LMI Doc 231 Filed 04/30/24 Page 1 of 6
Adversary Proceeding and related disputes. Thereafter, on December 5, 2023, Trustee Dillworth 

moved [Corporate Case ECF No. 148] to approve the settlement agreement. On February 5, 

2024, Judge Mark entered an Order [Corporate Case ECF No. 161] approving the parties 

settlement agreement. 

5. Pursuant to the parties’ settlement agreement, Mr. Pacin was required to pay the 

sum of $450,516.96 to the Corporate Estate as follows: 

... (a) by turnover by the Hoffman Firm of the Escrowed Funds 

and the payment by the Settling Parties of an additional $25,000 to 

Trustee Dillworth on the later to occur of (i) ten (10) business days 

after an Order approving the Agreement becomes a final order of 

the Court or (ii) December 31, 2023; (b) eight (8) consecutive 

monthly payments of $10,000 due on the last day of each month 

beginning on January 31, 2024, through August 31, 2024; and (c) a 

balloon payment of $120,000 due on or before September 30, 

2024. 

See Settlement Motion, Exhibit 1, at p. 3, ¶ 3. The Hoffman Firm promptly turned over the 

Escrowed Funds, however, Mr. Pacin failed to pay the initial $25,000 or the first three (3) 

$10,000 payments due on 1/31/24, 2/29/24, and 3/31/24. Accordingly, Mr. Pacin is presently in 

default on the settlement agreement in the amount of $55,000. An additional $10,000 is due on 

the date of this Motion and will increase the default amount to $65,000. 

6. The parties communicated concerning the default beginning in late February, 

2024. Ultimately, on April 16, 2024, the undersigned gave formal notice to Mr. Pacin and the 

settlement parties of the default pursuant to paragraph 8 of the settlement agreement with a cure 

date of April 23, 2024. A copy of the written notice is attached hereto as Exhibit A. Mr. Pacin 

failed to cure the default under the settlement agreement which default is continuing as of the 

date of this Motion as described in paragraph 5 above. 

7. Pursuant to paragraph 6 of the settlement agreement, upon default, Mr. Pacin’s 

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discharge may be revoked or without the need for filing an adversary proceeding. Pursuant to 

that same paragraph of the settlement agreement, Mr. Pacin’s “... sole and exclusive defense to 

denying or revoking Mr. Pacin’s discharge shall be the timely payment in full of the Settlement 

Payment ...” 

8. Based upon the foregoing, Mr. Pacin’s discharge should be denied.1

 

WHEREFORE, Trustee Dillworth respectfully requests that the Court enter an Order (a) 

granting this Motion, (b) denying Mr. Pacin’s discharge, and (c) granting such other and further 

relief as it deems just and proper under the circumstances. 

Dated: April 30, 2024. 

Respectfully submitted, 

/s/ Drew M. Dillworth 

 Drew M. Dillworth, Trustee 

 Florida Bar No. 167835 

 ddillworth@stearnsweaver.com 

 Museum Tower Building, Suite 2200 

 150 West Flagler Street 

 Miami, Florida 33130 

 Telephone: (305) 789-3200 

Facsimile: (305) 789-3395 

 

1

 The undersigned could not locate a general order of discharge in the docket for the Individual Case. In the event 

such order was entered, and missed, it would be appropriate to revoke Mr. Pacin’s discharge for the same reasons set 

forth in this Motion. 

Case 21-20189-LMI Doc 231 Filed 04/30/24 Page 3 of 6
EXHIBIT A 

Case 21-20189-LMI Doc 231 Filed 04/30/24 Page 4 of 6
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Drew Dillworth

From: Drew Dillworth

Sent: Tuesday, April 16, 2024 9:48 AM

To: 'Ashley--OP Davis'

Cc: emmanuelpacin75@gmail.com; Mindy Fernandez; Francis Sanchez; 'James Miller'; 

'mshoffman@hlalaw.com'

Subject: RE: Pac Comm Settlement

Good morning. Unfortunately, I am unable to hold off asserting a default any longer due to the structure of the 

settlement. As of today, the sum of $55,000 is past due as follows: (i) $25,000 pursuant to paragraph 3(a) which was 

due on 2/21/24; and (ii) the sum of $30,000 comprised of three $10,000 payments due on 1/31/24, 2/29/24, and 

3/31/24. Pursuant to paragraph 8 of the settlement agreement, the default need be cured by or before April 23, 2024. 

Thank you. 

Drew M. Dillworth, Esq. 

Stearns Weaver Miller et al. 

150 West Flagler Street 

Suite 2200 

Miami, Florida 33130 

Phone: (305) 789-3598 

Fax: (305) 789-3395 

From: Ashley--OP Davis <ashley@oceanpetroleum.net> 

Sent: Friday, March 1, 2024 11:59 AM 

To: Drew Dillworth <DDillworth@stearnsweaver.com> 

Cc: emmanuelpacin75@gmail.com; Mindy Fernandez <MFernandez@stearnsweaver.com>; Francis Sanchez 

<fsanchez@stearnsweaver.com> 

Subject: Re: Pac Comm Settlement 

Drew, 

Thank you for the email and the explanation. I did not think the January payment was due since the agreement had not 

been signed. That being said I do not have the money right now. I’m having to sell some properties and old equipment of 

mine to fund these payments. I had a commitment that I was supposed to receive by Jan 10 that has not been filled. 

I do not want this to fall through but I wanted to be transparent with you. Will keep you updated and will pay as soon as 

I receive the funds. 

Sincerely, 

Ashley Pacin 

912-270-3038 

On Feb 27, 2024, at 1:18 PM, Drew Dillworth <DDillworth@stearnsweaver.com> wrote: 

Case 21-20189-LMI Doc 231 Filed 04/30/24 Page 5 of 6
2

Good afternoon, I hope that you are doing well. So, our settlement agreement was approved and 

became a final order on or about 2/21/24. I see where Morgan is withdrawing from continued 

representation and wanted to circle back to the payment terms under our agreement so nothing is lost 

in the hand off. As you know, the total settlement sum is $450,516.96, of which amount the Hoffman 

firm has turned over $225,516.96. The balance of $225,000 as follows: (i) $25,000 within 10 business 

days of the finality of the settlement order (i.e. 3/6/2024); (ii) 8 payments of $10,000 beginning 1/31/24 

and continuing the last day of the month thereafter through 8/31/2024; and (iii) a balloon payment of 

$120,000 due 9/30/24. 

 

As of today, I haven’t received the $10,000 due on 1/31/24 and two more payments of $10,000 and 

$25,000 are due on 2/29/2024 and 3/6/2024, respectively. I plan to hold off sending a default letter 

under the provisions of paragraph 8 until the 3/6/24 payment date. That will give you a few extra days 

to make one initial payment of $45,000 to get back on track. 

 

Happy to discuss but wanted to get ahead of this since the one payment was missed and now Morgan is 

withdrawing from the case. 

 

Thanks. 

 

Drew M. Dillworth, Esq. 

Stearns Weaver Miller et al. 

150 West Flagler Street 

Suite 2200 

Miami, Florida 33130 

 

Phone: (305) 789-3598 

Fax: (305) 789-3395 

 

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