Onyung v. Credit Link Finance Limited Company et al

Filing 32

OPINION on Partial Judgment. Nkasi Comfort Onyung will take nothing from Xenos Yuen, Credit Link Finance Limited Company, Xenos Yuen Family Irrevocable Trust,J,P. Foods, LLC, Kam Chu Cheng, and Cai Yi. (Signed by Judge Lynn N. Hughes) Parties notified.(amwilliams, 4)

UNffiD STATIS DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

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Nkasi Comfort Onyung,
Plaintiff,
'Versus

Credit Link Finance
Limited Company, et al.,
Defendants.

Civil Action H'I3'3452,

Opinion on PartialJudgment
1.

Introduction.
A judgment creditor sued a defunct company's manager to enforce its judgment. The

creditor will take nothing from the manager.

2,.

Background.
In March of 2,009, Nkasi Comfort Onyung was awarded judgments against Xenos Yuen

and CMC Builders Company, Ltd. Nkasi' s judgment against Yuen is for $7,500, but Nkasi owes
Yuen $8,750 for his services as her lawyer and trustee. Nkasi's judgment against CMC is for
$59 0 ,943.7 8 .
Nkasi separately sued Xenos Yuen, Credit Link Finance Limited Company, Xenos Yuen
Family Irrevocable T rust,].P. Foods, LLC, Kam Chu Cheng, and Cai Yi to enforce her judgment
against CMe. Her suits were consolidated into this one.
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CMC

is a limited liability company owned by Okon Onyung, Nkasi's

husband. Yuen manages it.
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Credit Link is a limited liability company owned by Zhao Kang Zheng. Yuen
manages it.

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The Irrevocable Trust benefits Yuen's five children and Cai Yi, who is
Yuen's wife. Yuen manages it.

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3.

J,P. Foods is a limited liability company owned by PingJin. Yuen manages it.
Kam Chu Cheng is Yuen's mother.

Liabiliry.
Nkasi wants Yuen to pay her judgment against CMe. She says that he is its "de facto"

owner because he manages it. She is wrong. Neither possession nor management necessarily
entails ownership.
CMC's records show that Okon has owned it since April 2. 3, 2.009. As CMC's sole owner,
only Okon may be obliged to pay Nkasi's judgments against CMe.

4.

Propcrry.
Nkasi has not sued CMC or Okon. This court need not decide whether she can compel

Okon to pay her or whether CMC fraudulently transferred property to avoid paying her.

5.

Discovery.
Nkasi says that she has not had meaningful discovery. Her response to the defendants'

motions for summary judgment includes 514 pages of exhibits.
Neither Xenos Yuen, Credit Link Finance Limited Company, Xenos Yuen Family
Irrevocable T rust,J,P. Foods, LLC, Kam Chu Cheng, nor Cai Yi owns CMe. They are not obliged
to pay judgments against CMe. Additional discovery will not change this.

6.

Con.clusion..
Nkasi Comfort Onyung will take nothing from Xenos Yuen, Credit Link Finance

Limited Company, Xenos Yuen Family Irrevocable T rust,J,P. Foods, LLC, Kam Chu Cheng, and
Cai Yi.

Signed on August 25,2015, at Houston, Texas.

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'9if
",II ~--LynnN.~
United States DistrictJudge