Richardson v. BDSM Corp.

Filing 3

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 1 , and granting the trustee's motion for default judgment ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THOMAS C. RICHARDSON, Trustee,
Plaintiff,
File No. 1:11-CV-916
Adv. Pro No. 11-80300
HON. ROBERT HOLMES BELL

v.
BDSM CORP., f/k/a BARON DRAWN
STEEL CORPORATION OF MICHIGAN,
Defendant.
/

ORDER APPROVING REPORT AND RECOMMENDATION
The Court has reviewed an amended report and recommendation (“R&R”) (Dkt. No.
1) issued by United States Bankruptcy Judge Scott W. Dales regarding the Trustee’s motion
for default judgment on his complaint against Defendant BDSM Corp. Defendant is not
represented by counsel. The R&R was mailed to Defendant at its last known address on
August 31, 2011. Defendant has not filed any objections to the R&R, and the time for doing
so has expired. See Bankr. R. 9033(b). The Court has reviewed the R&R, and agrees with
its recommendation. Accordingly,
IT IS HEREBY ORDERED that the August 26, 2011, R&R of the Bankruptcy Judge
(Dkt. No. 1) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Trustee’s motion for default judgment (Adv.
Pro Dkt. No. 5) is GRANTED.

IT IS FURTHER ORDERED that the Trustee is entitled to AVOID the transfers
totaling $10,899.29 from Defendant as described in Plaintiff’s complaint as preferential
transfers pursuant to 11 U.S.C. § 547, and to RECOVER $10,899.29 from the Defendant,
together with costs in the amount of $250.00.

Dated: September 23, 2011

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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