In RE: LLS America LLC (Kriegman v. Bogdan Adv. Proceeding No. 11-80278-PCW11)
Filing
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DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN. Signed by Chief Judge Rosanna Malouf Peterson. (PL, Case Administrator)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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In Re:
NO: CV-12-449-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. 11-80278-PCW11
DEFAULT JUDGMENT AGAINST
DEFENDANT BLAZENA BOGDAN
Plaintiff,
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v.
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BLAZENA BOGDAN,
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Defendant.
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JUDGMENT SUMMARY
Judgment Creditor:
Bruce P. Kriegman, solely in his capacity as the
Liquidating Trustee under the Confirmed Plan of
the Debtor
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DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN ~ 1
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Attorneys for
Judgment Creditor:
Witherspoon Kelley
Judgment Debtors:
Blazena Bogdan
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Principal Amount of
Judgment:
$142,531.37 CAD
$
250.00 US
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Interest on Judgment:
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Weekly Average of One-Year Constant Maturity
(nominal) treasury yield as published by the
Federal Reserve System (28 U.S.C. § 1961)
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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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Blazena Bogdan, ECF No. 21, and being fully advised in the premises,
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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 Blazena
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Bogdan, as follows:
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1. Monetary Judgment in the amount of CAD $142,531.37, 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 $85,923.32 made to the 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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DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN ~ 2
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3. Transfers in the amount of CAD $56,608.05 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 Blazena Bogdan are hereby set aside and
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Plaintiff shall be entitled to recover the same, or the value thereof, from Defendant
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Blazena Bogdan for the benefit of the estate of LLS America, pursuant to 11
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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 Blazena Bogdan or any affiliated entities, against the Debtor’s estate, in
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this bankruptcy or related bankruptcy proceedings, are hereby disallowed and
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subordinated to the monetary judgment granted herein and Defendant Blazena
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Bogdan shall not be entitled to collect on her proofs of claim (Claim Nos. 60-1 and
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477-1) until the monetary judgment is satisfied by Defendant Blazena Bogdan in
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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 $142,531.37, plus $250.00 USD, which shall
DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN ~ 3
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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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The District Court Clerk is directed to enter this Judgment and provide
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copies to counsel, Defendants, and Judge Patricia C. Williams and close this case.
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IT IS SO ORDERED.
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DATED this 16th day of September 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 BLAZENA BOGDAN ~ 4
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