United States Small Business Administration v. Bensal et al

Filing 45

JUDGMENT. Signed by Judge William H. Orrick on 11/10/2014. (jmdS, COURT STAFF) (Filed on 11/10/2014)

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LAW OFFICES OF DAVID M. WISEBLOOD
David M. Wiseblood (SBN 115312)
Peter J. Crosby (SBN 115588)
601 Montgomery, Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
UNITED STATES SMALL BUSINESS
ADMINISTRATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES SMALL BUSINESS
ADMINISTRATION, an agency of the
government of the United States of America,
Plaintiff,

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Case No.: CV 13-02263 WHO

JUDGMENT

v.
MICHAEL D. BENSAL, an individual, SUSAN
J. BENSAL , as trustee of The Edward D. Bensal
Trust, MICHAEL EDWARD BENSAL, an
individual, and SOPHIA BENSAL, an individual,
Defendants.

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The Court, having granted the Motion for Summary Judgment filed by Plaintiff, the

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United States Small Business Administration (“SBA”), by Order dated October 31, 2014,

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entitled “Order Granting Plaintiff’s Motion for Summary Judgment and Denying Defendants’

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motion for Summary Judgment,” and good cause appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

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Judgment shall be, and is hereby ENTERED in favor of Plaintiff SBA and against

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defendants Michael D. Bensal, Susan J. Bensal, as trustee of The Edward D. Bensal Trust, and

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Michael Edward Bensal (collectively, “Defendants”) on SBA’s claim to set aside as a fraudulent

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transfer defendant Michael D. Bensal’s attempted disclaimer of his beneficial share and rights to

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distribution of his share of the assets of his deceased father’s trust estate (“Trust Share”),
JUDGMENT

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CV 13-02263 WHO

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pursuant to section 3304(a)(1) of the Federal Debt Collections Procedures Act, 28 U.S.C. § 3001

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et. seq. The judgment shall be for the full value of the Trust Share, comprised of cash held by

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the Trustee in an interest bearing FDIC insured account, the total value of which equaled

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$153,944.30 as of January 31, 2013, as necessary to satisfy the amount currently owed by

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Michael D. Bensal under the California state court judgment assigned to the SBA, the amount of

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which attributable to the SBA guaranteed loan currently exceeds the sum of $294,000, not

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including attorneys’ fees or costs awarded under that judgment.

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2.

The transfer of the Trust Share pursuant to Michael D. Bensal‘s disclaimer is

VOID. See, 28 U.S.C. § 3306(a)(1).
3.

Defendants are ORDERED to transfer all property representing Michael D.

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Bensal‘s Trust Share to the SBA in satisfaction of the portion of the state court judgment relating

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to the SBA guaranteed loan. 28 U.S.C. § 3306(a)(2).

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4.

Defendants may not otherwise dispose of the Trust Share. All Defendants are

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ENJOINED from selling, transferring, or otherwise conveying or assigning any property

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representing the trust share. A lien is imposed on all property representing the Trust Share

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pursuant to 28 U.S.C. § 3201.

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5. Costs and attorneys’ fees shall be determined pursuant to post-judgment proceedings.

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IT IS SO ORDERED.

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Dated: November 10, 2014

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________________________________
WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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JUDGMENT

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Case No. CV 13-02263 WHO