RE: LLS America LLC (Kriegman v. 1418490 Ontario Ltd et al Adv No. 11-80295-PCW11)

Filing 148

DEFAULT JUDGMENT in favor of Bruce P Kriegman against Dave Whalley and Jen Whalley. Party Dave Whalley and Jen Whalley terminated. Signed by Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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In Re:
NO: CV-11-364-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. 11-80295-PCW11
DEFAULT JUDGMENT AGAINST
DEFENDANTS DAVE WHALLEY
AND JEN WHALLEY

v.

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

558778 BC, LTD., 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 DAVE WHALLEY AND
JEN WHALLEY ~ 1

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Attorneys for
Judgment Creditor:

Witherspoon Kelley

Judgment Debtors:

Dave Whalley and Jen Whalley

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Principal Amount of
Judgment:

$16,500.00 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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This Court, having reviewed the Order of Default previously entered in
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Bankruptcy Court against Defendants Dave Whalley and Jen Whalley, Adv. Doc.
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No. 478, and 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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Dave Whalley and Jen Whalley, ECF No. 140, and being fully apprised in the
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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 Dave
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Whalley and Jen Whalley, individually and jointly and severally, as follows:
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1. Monetary Judgment in the amount of CAD $16,500.00, 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 $16,500.00 made to Defendants within
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four years prior to the Petition Filing Date are hereby avoided and Plaintiff may
DEFAULT JUDGMENT AGAINST DEFENDANTS DAVE WHALLEY AND
JEN WHALLEY ~ 2

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take all necessary action to preserve the same, pursuant to 11 U.S.C. §§ 544, 550,

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551, and 548(a) and (b) and RCW 19.40.041(1) and (2) and RCW 19.40.071;

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3. All said transfers to Defendants Dave Whalley and Jen Whalley are

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

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thereof, from Defendants Dave Whalley and Jen Whalley for the benefit of the

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

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4. 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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5. 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 $16,500.00, 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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treasury yield as published by the Federal Reserve System.

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IT IS SO ORDERED.

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The District Court Clerk is directed to enter this Judgment and provide

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copies to counsel, Defendants, and Judge Patricia C. Williams, and shall terminate

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Dave Whalley and Jen Whalley as defendants in this case.

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DATED this 17th day of September 2013.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge
DEFAULT JUDGMENT AGAINST DEFENDANTS DAVE WHALLEY AND
JEN WHALLEY ~ 3