Moyer v. Ruiz

Filing 3

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 1 ; the transfer made by Debtor to Defendant Jesus Ruiz is avoided; Defendant Ruiz shall pay Plaintiff Moyer $1,500 together with interest at the statutory rate and costs of $293 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JEFF A. MOYER, Plaintiff, Case No. 1:13-CV-33 v. HON. ROBERT HOLMES BELL JESUS RUIZ, Defendant. / MEMORANDUM OPINION AND ORDER APPROVING AND ADOPTING R&R On December 21, 2012, United States Bankruptcy Judge Jeffrey R. Hughes issued a Report and Recommendation (“R&R”) recommending the Court avoid a transfer made by Debtor to Defendant Jesus Ruiz, pursuant to 11 U.S.C. §§ 557(b) and 558, and enter money judgment in favor of Plaintiff Jeff A. Moyer and against Defendant Ruiz, in the amount of $1,500 together with interest at the statutory rate and costs of $293, pursuant to 11 U.S.C. § 550. (Dkt. No. 1, Attach. 1.) No objections have been filed, and the objections period provided by Fed. R. Bankr. P. 9033(b)(c) has elapsed. The Court has reviewed the matter and concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly, IT IS HEREBY ORDERED that the December 21, 2012, R&R (Dkt. No. 1, Attach. 1) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that the transfer made by Debtor to Defendant Jesus Ruiz is AVOIDED. IT IS FURTHER ORDERED that Defendant Ruiz pay Plaintiff Moyer $1,500, together with interest at the statutory rate and costs of $293. Dated: February 20, 2013 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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