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

Filing 192

DEFAULT JUDGMENT in favor of Bruce P Kriegman against Marianne Bennett. Party Marianne Bennett terminated. Signed by Chief Judge Rosanna Malouf Peterson. (cc: counsel, Defendant, and Judge Frederick P. Corbit)(CV, Case Administrator)

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UNITED STATES DISTRICT COURT
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
DEFENDANT MARIANNE
BENNETT

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

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Judgment Creditor:

Bruce P. Kriegman

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Attorneys for Judgment Creditor:

Witherspoon Kelley

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Judgment Debtor:

Marianne Bennett

DEFAULT JUDGMENT AGAINST DEFENDANT MARIANNE BENNETT ~ 1

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Attorney for Debtor:

None

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Amount of Judgment:

$21,900.00 CAD
$ 250.00 USD

Interest Rate:

0.11% per annum

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The Bankruptcy Court having previously entered an Order of Default against
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Defendant Marianne Bennett (BKC ECF No. 637) and this Court having adopted
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the Bankruptcy Court’s Report and Recommendation at DC ECF No. 189,
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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 Defendant Marianne
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Bennett, as follows:
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1. Monetary Judgment in the amount of CAD $21,900.00, CAD, pursuant to
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11 U.S.C. § 550 and RCW 19.40.071;
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2. Transfers in the amount of CAD $19, 900.00 CAD made to Defendant
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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;
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3. Transfers in the amount of $2,000.00 CAD made to Defendant more than
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four years prior to the Petition Filing Date are hereby avoided, and Plaintiff may
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take all necessary action to preserve the same, pursuant to 11 U.S.C. §§ 544, 550,
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and 551, and RCW 19.40.041(1) and 19.40.071;

DEFAULT JUDGMENT AGAINST DEFENDANT MARIANNE BENNETT ~ 2

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4. All said transfers to Defendant Marianne Bennett are hereby set aside,

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and Plaintiff shall be entitled to recover the same, or the value thereof, from

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Defendant Marianne Bennett for the benefit of the estate of LLS America, pursuant

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to 11 U.S.C. §§ 544, 550, and 551;

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5. Defendant Marianne Bennett did not file a proof of claim in Debtor’s
bankruptcy proceedings.

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6. 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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7. 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 $21,900.00 CAD, plus $250.00 USD, which

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shall bear interest equal to the weekly average of one-year constant maturity

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(nominal) 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, Defendant, and to Judge Frederick P. Corbit, and shall

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terminate Marianne Bennett as a defendant in this case.

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DATED this 15th day of November 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 DEFENDANT MARIANNE BENNETT ~ 3