Hagan v. Express Debt Settlement Holdings, Inc. et al

Filing 3

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 1 as the opinion of the Court; granting the Trustee's motion for entry of default judgment (Adv. Pro. No. 11-80486, Dkt. No. 6) ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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

KELLY M. HAGAN,
Plaintiff,
File No. 1:12-CV-368
Adv. Pro. No. 11-80486
HON. ROBERT HOLMES BELL

v.
EXPRESS DEBT SETTLEMENT
HOLDINGS, INC.,
Defendant.
/

ORDER APPROVING REPORT AND RECOMMENDATION
The Court has reviewed a report and recommendation (“R&R”) issued by United
States Bankruptcy Judge Jeffrey R. Hughes on March 27, 2012, recommending that Trustee
Kelly M. Hagan’s motion for entry of a default judgment against Defendant Express Debt
Settlement Holdings, Inc. be granted. (Dkt. No. 1, Attach. 1.) Defendant is not represented
by counsel. The R&R was mailed to Defendant at its last known address on March 28, 2012.
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 March 27, 2012, R&R of the Bankruptcy Judge
(Dkt. No. 1, Attach. 1) is APPROVED and ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that the Trustee’s motion for entry of default
judgment (Adv. Pro. No. 11-80486, Dkt. No. 6) is GRANTED.
IT IS FURTHER ORDERED that the $3,585.17 transfer by Debtors Barbara S.
Morris and Richard O. Morris to Defendant in the two years prior to their bankruptcy filing
is AVOIDED pursuant to 11 U.S.C. § 548.
IT IS FURTHER ORDERED that a money judgment shall be entered in favor of
Plaintiff Kelly M. Hagan, Trustee, and against Defendant Express Debt Settlement Holdings,
Inc., in the amount of $3,585.17, together with interest at the statutory rate, pursuant to 11
U.S.C. § 550.

Dated: May 9, 2012

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

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