Adams v. Brenton

Filing 78

OPINION & ORDER re: 76 Writ of Execution. The Court hereby ORDERS that, within seven days of the entry date of this order, Adams SHALL FILE into the record of this matter a brief that: 1) explains why the Louis Vuitton purse and the jumping hor se are not exempt from execution and attachment under Kentucky law; and 2) sets forth the basis for his assertion that the $19,350 transferred by the defendant to Ashley Rayne Brenton is currently located at 1161 Wood Ridge Rd., Lexington, KY. C ounsel for Ashley Rayne Brenton has recently filed an appearance in this matter. If she wishes to file a response to any filing by Adams, she MUST DO SO within seven days of Adams' filing. Signed by Judge Karen K. Caldwell on 6/7/19.(JLM)cc: COR,Wes C. Brenton to both addresses listed on docket via U.S. mail.

Eastern District of Kentucky

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
AT LEXINGTON
CORY ADAMS,

JUN 07 2019
AT LEXINGTON
ROBERT R. CARR
CLERK U.S. DISTRICT COURT

CIVIL ACTION N O. 5:17-251-KKC

Plaintiff,
OPINION AND ORDER

v.

WES C. BRENTON,
Defendant.

*** *** ***
This matter is before the Court on the writ of execution (DE 76) tendered by plaintiff
Cory Adams.
On Nove mb er li3, 2018, the Court entered judgment in Adams' favor on his claims
against defendant Wes C. Brento n for breach of contract, breach of' express warranty,
violation of the Kentucky Consum er Protection Act, and fraud. ln short, the Court found
there could be no dispute that Brenton sold Adams a car, falsely representing that the car
was a rare and valuable Chevrolet L88 CorveUe. The Court adjudged Brento n liable t o
Adams for compensatory damages of $2:35,000 plus interest and aUorney's fees of
$40,385.35. Brenton did not appeal the judgm ent. Accordingly, the judgment is final.

By prior opinion and order (DE 75), the Court granted Adams' motion to enforce the
judgment in this case (DE 71) .
Pursuant to Federal Hule of Civil Procedure 69 , the procedure f'or executing on a
judgment must accord wi th the procedure in Kentucky. Fed. R. Civ . P. 69(a)(l) . In its prior
opinion, the Court determined that the following transfers by defendant Wes Brenton to

Ashely Rayne Brenton were voidable under the Kentucky Uniform Voidable Transactions
Act (KUVTA) , KRS 3781\.050(1):
a) $19)350 cash transferred by defendant Wes Bren ton to his daughter Ashley
Hayne Brenton;
b) the jumping horse purchased by defendant Brenton f'or J\shley llayne
Brenton; and
c) the Louis Vuitton purse defendant Brenton purchased for Ashley Rayne
Brenton.
The KUVTA provides that a creditor like Ad a ms wi th a judgment against his debtor can
levy execution on the assets that were transferred. KRS :l78J\.070(2) . Accordingly, the
Court ordered Adams to tender a writ of execution conforming to the Court's order, and
Adams has now tendered a writ.
Pursuan t to Kl{S 127.010( 1), however, certain personal property is exempt from
execution and attachment. This includes "personal clothing and ornaments not to exceed
three thousand dollars

($~3,000). "

lt would appear that the Louis Vui tton purse would f'all

under this exemption. Under the same statute, livestock "of' a person engaged in farming" is
exempt from execution and attachment. The jumping horse may be exempt under this
prov1s10n.
In addition, the writ tendered by Adams indicates that the cash transferred by Brenton

to Ashley Rayne Brenton is located at a residence, not in a bank account. Prior to
authorizing the U.S. Marshal to seize cash from the property, the Court will require Adams
to explain the basis for his assertion that the $19,:35 0 transferred by Bren ton to Ashley
Rayne Brenton is located at the residence.

2

Accordingly, the Court hereby ORDERS that, wi thin seven days of' the entry date of' this
order, Adams SHALL FILE into the record of' this maLLer a brief' that:
1) explains why the Louis Vuitton purse and the
jumping horse arc not exempt f'rom execution and
attachment under Kentucky law; and
2) sets forth the basis for his assertion that the

$19, ~~50

transferred by the defendant to Ashley lfa yne Bren ton
is currently located at 11 Eil Wood Ridge Rd., Lexin gton ,

KY.
Counsel for Ashley Rayne Brenton has recently filed an appearance in this maLLer. If
she wishes to file a response to any f'iling by Adams, she MUST DO SO with in seven days of
Ada ms' filing.

This 7th day of June 2019.

Signed By:
Karen KCakiwel
Unfted States District Judge