In RE: LLS America LLC (Kriegman v. Stanford Adversary, No. 11-80099-PCW11)

Filing 26

ORDER GRANTING 24 APPLICATION TO EXTEND JUDGMENT. Signed by Senior Judge Rosanna Malouf Peterson. (CLP, Case Administrator Team Lead) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Nov 18, 2022 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 8 9 10 11 In Re: LLS AMERICA, LLC Debtor, BRUCE P. KRIEGMAN, solely in his capacity as the court-appointed Chapter 11 Trustee for LLA America, LLC, 12 13 14 15 NO: 2:12-CV-425-RMP Bankruptcy Court No. 09-06194 Adv. Proc. No. 11-80105 ORDER GRANTING APPLICATION TO EXTEND JUDGMENT Plaintiff, v. BARRY STANFORD, Defendant. 16 17 BEFORE THE COURT is Plaintiff’s Motion to Alter Judgment by Extending 18 Judgment, ECF No. 24, and Declaration of Bruce P. Kriegman in Support of said 19 Motion, ECF No. 25. No objection has been filed. Having reviewed the record and 20 relevant law, the Court is fully informed. 21 ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 1 1 On December 7, 2012, the Court entered a Default Judgment, ECF No. 21, 2 and Judgment in a Civil Action in favor of the Trustee against Defendant, ECF No. 3 22. The total judgment was CAD $801,360.00, plus USD $250, with interest equal 4 to the weekly average of one-year constant maturity (nominal) treasury yield as 5 published by the Federal Reserve System. ECF No. 22. The ten-year period for 6 execution upon the judgment will expire on December 7, 2022. Fed. R. Civ. P. 69; 7 RCW 6.17.020(1). 8 9 Plaintiff requests that the judgment be extended for an additional ten (10) years, pursuant to Fed. R. Civ. P. 69 and RCW 6.17.020(3). ECF No. 24 at 2. The 10 judgment remains wholly unsatisfied. ECF No. 25 at 3. The Court finds good cause 11 exists to extend the judgment for an additional 10 years. 12 According, IT IS HEREBY ORDERED: 13 14 15 16 1. Plaintiff’s Motion to Alter Judgment by Extending Judgment, ECF No. 24, is GRANTED. 2. The Judgment previously entered in this matter, ECF No. 22, shall be AMENDED as follows: 17 a. The Judgment is extended for ten (10) years from December 7, 2022. 18 b. Interest will continue to accrue at the rate of the weekly average of 19 one-year constant maturity (nominal) treasury yield as published by 20 the Federal Reserve System. 21 ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 2 1 2 3 4 c. Pursuant to RCW 6.17.020(3), 4.64.030(2)(a), the following shall be included on the first page of the amended judgment: SUMMARY OF EXTENDED JUDGMENT Judgment Creditor: 5 6 7 8 9 Plaintiff Bruce P. Kriegman solely in his capacity as the court-appointed Chapter 11 Trustee for LLS America, LLC and the Liquidating Trustee under the Liquidating Trust made pursuant to the Chapter 11 Trustee's and Official Committee of Unsecured Creditor's Second Modified Plan of Liquidation dated as of November 27, 2012 Attorney for Judgment Creditor: Witherspoon Kelley 10 Judgment Debtor: Barry Stanford 11 Amount Outstanding of Judgment: 12 13 Interest under Judgment: (12/08/2012 – 10/14/2022) (.18% for 3,598 days) $786,258.95 CAD $ 250.00 USD $ 14,168.08 USD 14 Recoverable Costs – Application Fee: $ 15 New Total Judgment: $786,258.95 CAD $ 14,820.08 USD Interest Rate: .18% per annum 16 17 18 19 20 21 402.00 USD IT IS SO ORDERED. The District Court Clerk is directed to enter this Order and provide copies to counsel. DATED November 18, 2022. s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Senior United States District Judge ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 3

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