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

Filing 197

DEFAULT JUDGMENT against Defendant Myles Clarke. Myles Clarke terminated. Signed by Chief Judge Rosanna Malouf Peterson. (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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Bankr. Case No. 09-06194-PCW11
(Consolidated Case)
Adv. Proc. No. 11-80295-PCW11
DEFAULT JUDGMENT AGAINST
DEFENDANT MYLES CLARKE

Plaintiff,

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v.

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558778 BC, LTD, et al.,

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Defendants.

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JUDGMENT SUMMARY
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Judgment Creditor:

Plaintiff Bruce P. Kriegman

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Attorneys for
Judgment Creditor:

Witherspoon Kelley

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Judgment Debtors:

Myles Clarke

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DEFAULT JUDGMENT AGAINST DEFENDANT MYLES CLARKE ~ 1

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Attorney for Judgment
Creditor:

None

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Amount of Judgment:

$18,333.32 CAD
$ 250.00 US

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Amount of Interest:

$0.00

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Interest Rate:

0.11% annum

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JUDGMENT
The Court, having previously entered an Order Adopting the Bankruptcy

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Court’s Report and Recommendation and Order of Default against Defendant

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Myles Clarke, ECF No. 196, and being fully apprised in the premises, HEREBY

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ORDERS, ADJUDGES, AND DECREES that Plaintiff, Bruce P. Kriegman,

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solely in his capacity as court-appointed Chapter 11 Trustee for LLS America,

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LLC, shall have a judgment against Defendant Myles Clarke, as follows:

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1. Monetary Judgment in the amount of $18,333.32 CAD, pursuant to 11
U.S.C. § 550 and RCW 19.40.071;
2. Transfers in the amount of CAD $18,333.32 made to Defendant within

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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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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 Defendant Myles Clarke are hereby set aside and
Plaintiff shall be entitled to recover the same, or the value thereof, from Defendant

DEFAULT JUDGMENT AGAINST DEFENDANT MYLES CLARKE ~ 2

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Myles Clarke for the benefit of the estate of LLS America, pursuant to 11 U.S.C.

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§§ 544, 550, and 551;

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4. Defendant Myles Clarke did not file a proof of claim in Debtor’s
bankruptcy proceedings.

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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 $18,333,32 CAD, 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, terminate Myles

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Clarke as a defendant in this cause, and provide copies of this Judgment to

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counsel, Defendant, and to Judge Frederick P. Corbit.

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DATED this 3rd day of December 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 MYLES CLARKE ~ 3