In RE: LLS America LLC (Kriegman v McKean Adv Proceeding No 11-80188-PCW11)

Filing 17

ORDER GRANTING 14 APPLICATION TO EXTEND JUDGMENT. Signed by Senior Judge Rosanna Malouf Peterson. (LAS, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

Case 2:12-cv-00443-RMP

ECF No. 17

filed 12/19/22

PageID.99 Page 1 of 4

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Dec 19, 2022
SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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In Re:

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LLS AMERICA, LLC,

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BRUCE P. KRIEGMAN, solely in his
capacity as the court-appointed
Chapter 11 Trustee for LLS America,
LLC,

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NO: 2:12-CV-443-RMP
Bankruptcy Court No. 09-06194
Adv. Proc. No. 11-80188
ORDER GRANTING APPLICATION
TO EXTEND JUDGMENT

Plaintiff,
v.
WARREN MCKEAN,
Defendant.
BEFORE THE COURT is Plaintiff’s Motion to Alter Judgment by

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Extending Judgment, ECF No. 14, and Declaration of Bruce P. Kriegman in

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Support of said Motion, ECF No. 15. No objection has been filed. Having

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reviewed the record and relevant law, the Court is fully informed.

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ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 1

Case 2:12-cv-00443-RMP

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On October 31, 2012, the Court entered a Default Judgment, ECF No. 9, and

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Judgment in a Civil Action in favor of the Trustee against Defendant, ECF No. 11.

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The total judgment was CAD $122,500.00, plus USD $250.00, with interest equal to

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the weekly average of one-year constant maturity (nominal) treasury yield as

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published by the Federal Reserve System. ECF No. 11. The ten-year period for

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execution upon the judgment expired on October 31, 2022. Fed. R. Civ. P. 69;

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RCW 6.17.020(1).

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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. 14 at 2. The

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judgment remains wholly unsatisfied. ECF No. 15 at 3. The Court finds good cause

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exists to extend the judgment for an additional 10 years.

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According, IT IS HEREBY ORDERED:

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1. Plaintiff’s Motion to Alter Judgment by Extending Judgment, ECF No. 14, is
GRANTED.
2. The Judgment previously entered in this matter, ECF No. 11, shall be
AMENDED as follows:

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a. The Judgment is extended for ten (10) years from October 31, 2022.

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b. Interest will continue to accrue at the rate of the weekly average of

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one-year constant maturity (nominal) treasury yield as published by

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the Federal Reserve System.

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ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 2

Case 2:12-cv-00443-RMP

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c. Pursuant to RCW 6.17.020(3), 4.64.030(2)(a), the following shall be

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included on the first page of the amended judgment:

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SUMMARY OF EXTENDED JUDGMENT

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Judgment Creditor:

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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

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Judgment Debtor:

Warren McKean

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Original Amount of Judgment:

$122,500.00 CAD
$
250.00 USD
$ 2,200.42 USD

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5.

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Interest under Judgment:
(11/01/2012 – 10/14/2022)
(.18% for 3,634 days)

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Recoverable Costs – Application Fee: $

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New Total Judgment:

$122,500.00 CAD
$ 2,852.42 USD

Interest Rate:

.18% per annum

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402.00 USD

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ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 3

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ECF No. 17

Order and provide copies to counsel.

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DATED December 19, 2022.

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PageID.102 Page 4 of 4

IT IS SO ORDERED. The District Court Clerk is directed to enter this

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filed 12/19/22

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

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ORDER GRANTING APPLICATION TO EXTEND JUDGMENT ~ 4