RE: LLS America LLC (Kriegman v. Bigelow et al Adv. No. 11-80299-PCW)

Filing 97

DEFAULT JUDGMENT AGAINST DEFENDANTS DAVID MARSHALL WOOD AND AMANDA WOOD. Party Amanda Wood and David Marshall Wood are terminated. Plaintiff is awarded $93,834.86 CAD plus $250.00 USD costs. Copy sent to counsel, defendants and Judge Patricia Williams. Signed by Chief Judge Rosanna Malouf Peterson. (RF, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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In Re:
NO: CV-11-357-RMP

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LLS AMERICA, LLC,
Debtor,

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BRUCE P. KRIEGMAN, solely in his
capacity as court-appointed Chapter 11
Trustee for LLS America, LLC,

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Plaintiff,

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Adv. Proc. No. 11-80299-PCW11
DEFAULT JUDGMENT AGAINST
DEFENDANTS DAVID MARSHALL
WOOD AND AMANDA WOOD

v.

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Bankr. Case No. 09-06194-PCW11
(Consolidated Case)

MARK BIGELOW, et al.,

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Defendants.

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JUDGMENT SUMMARY
Judgment Creditor:

Bruce P. Kriegman, solely in his capacity as the
Liquidating Trustee under the Confirmed Plan of
the Debtor

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DEFAULT JUDGMENT AGAINST DEFENDANTS DAVID MARSHALL
WOOD AND AMANDA WOOD ~ 1

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Attorneys for
Judgment Creditor:

Witherspoon Kelley

Judgment Debtors:

David Marshall Wood and Amanda Wood

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Principal Amount of
Judgment:

$93,834.68 CAD
$ 250.00 US

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Interest on Judgment:
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Weekly Average of One-Year Constant Maturity
(nominal) treasury yield as published by the
Federal Reserve System (28 U.S.C. § 1961)

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The Court, having previously entered an Order Adopting the Bankruptcy
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Court’s Report and Recommendation and Order of Default against Defendants
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David Marshall Wood and Amanda Wood, ECF No. 95, and being fully advised in
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the premises,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
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Plaintiff, Bruce P. Kriegman, solely in his capacity as court-appointed Chapter 11
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Trustee for LLS America, LLC, shall have a judgment against Defendants David
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Marshall Wood and Amanda Wood, as follows:
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1. Monetary Judgment in the amount of CAD $93,834.86, pursuant to 11
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U.S.C. § 550 and RCW 19.40.071;
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2. Transfers in the amount of CAD $93,834.86 made to the Defendants
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within four years prior to the Petition Filing Date are hereby avoided and Plaintiff
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may take all necessary action to preserve the same, pursuant to 11 U.S.C. §§ 544,
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550, 551, and 548(a) and (b) and RCW 19.40.041(1) and (2) and RCW 19.40.071;
DEFAULT JUDGMENT AGAINST DEFENDANTS DAVID MARSHALL
WOOD AND AMANDA WOOD ~ 2

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3. All said transfers to Defendants David Marshall Wood and Amanda

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Wood are hereby set aside and Plaintiff shall be entitled to recover the same, or the

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value thereof, from Defendants David Marshall Wood and Amanda Wood for the

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benefit of the estate of LLS America, pursuant to 11 U.S.C. §§ 544, 550, and 551;

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4. All proofs of claim of Defendants which have been filed or brought or

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which may hereafter be filed or brought by, on behalf of, or for the benefit of

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Defendants David Marshall Wood and Amanda Wood or their affiliated entities,

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against the Debtor’s estate, in this bankruptcy or related bankruptcy proceedings,

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are hereby disallowed and subordinated to the monetary judgment granted herein

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and Defendants David Marshall Wood and Amanda Wood shall not be entitled to

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collect on their proof of claim (Claim No. 654-1) until the monetary judgment is

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satisfied by Defendants David Marshall Wood and Amanda Wood in full, pursuant

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to 11 U.S.C. §§ 502(d), 510(c)(1), and 105(a);

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5. A constructive trust is hereby established over the proceeds of all

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transfers in favor of the Trustee for the benefit of the estate of LLS America; and

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6. Plaintiff is hereby awarded costs (i.e. filing fee) in the amount of $250.00

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USD, for a total judgment of CAD $93,834.86, plus $250.00 USD, which shall

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bear interest equal to the weekly average of one-year constant maturity (nominal)

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/ / /

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/ / /

DEFAULT JUDGMENT AGAINST DEFENDANTS DAVID MARSHALL
WOOD AND AMANDA WOOD ~ 3

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treasury yield as published by the Federal Reserve System.
The District Court Clerk is directed to enter this Judgment and provide
copies to counsel, Defendants, and Judge Patricia C. Williams.

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IT IS SO ORDERED.

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DATED this 16th day of September 2013.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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DEFAULT JUDGMENT AGAINST DEFENDANTS DAVID MARSHALL
WOOD AND AMANDA WOOD ~ 4