In RE: LLS America LLC (Kriegman v. Elm Construction Ltd)

Filing 34

DEFAULT JUDGMENT in favor of Bruce P Kriegman against Elm Construction Ltd. Signed by Chief Judge Rosanna Malouf Peterson. (LE, Case Administrator) Modified on 2/7/2014 -- cc Elm Construction Ltd. (LE, Case Administrator).

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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In Re:
NO: 2:12-CV-424-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. 11-80099-PCW11
DEFAULT JUDGMENT

Plaintiff,

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v.

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ELM CONSTRUCTON, LTD.,

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Defendant.

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JUDGMENT SUMMARY
Judgment Creditor:

Bruce P. Kriegman, Liquidating Trustee for LLS
America, LLC, as consolidated

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Attorneys for
Judgment Creditor:

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Witherspoon Kelley

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Judgment Debtor:

Elm Construction, Ltd.

Attorney for Debtor:

Pro Se

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Principal Amount of
Judgment:

$1,186,666.85 CAD
$
250.00 US

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Interest on Judgment:

.11% (28 U.S.C. §1961)

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The Court, having previously entered an Order of Default against Defendant
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Elm Construction, ECF No. 12, and having reviewed the previously filed
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Memorandum of Authorities, ECF No. 5, and the Affidavits of Curtis Fry and
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Shelley Ripley in Support of Plaintiff’s Motion for Default Judgment, ECF Nos. 27
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and 28, and being full advised in the premises,
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IT IS HEREBY ORDERED that Plaintiff, Bruce P. Kriegman, solely in his
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capacity as court-appointed Chapter 11 Trustee for LLS America, LLC, shall have
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a judgment against Defendant Elm Construction, as follows:
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1. Monetary Judgment in the amount of CAD $1,186,666.85, 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 $739,742.21 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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DEFAULT JUDGMENT ~ 2

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3. Transfers in the amount of CAD $446,924.64 made to Defendant more

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than four years prior to the Petition Filing Date should be avoided, and Plaintiff

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should be authorized to take all necessary action to preserve the same, pursuant to

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11 U.S.C. §§ 544, 550, and 551, and RCW 19.40.041(1) and RCW 19.40.071;

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4. All said transfers to Defendant Elm Construction 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 Elm Construction 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. All proofs of claim of Defendant 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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Defendant Elm Construction, Ltd., or its affiliated entities, against the Debtor’s

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estate, in this bankruptcy or related bankruptcy proceedings, are hereby disallowed

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and subordinated to the monetary judgment granted herein, and Defendant Elm

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Construction, Ltd. shall not be entitled to collect on its proof of claim (Claim No.

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418-1) until the monetary judgment is satisfied by Defendant Elm Construction,

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

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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
USD, for a total judgment of CAD $1,186,666.85, 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, Pro Se Defendant, and to Judge Frederick P. Corbit.
DATED this 7th day of February 2014.

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

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DEFAULT JUDGMENT ~ 4