In RE: LLS America LLC (Kriegman v. Bogdan Adv. Proceeding No. 11-80278-PCW11)

Filing 22

DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN. Signed by Chief Judge Rosanna Malouf Peterson. (PL, Case Administrator)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 In Re: NO: CV-12-449-RMP 8 LLS AMERICA, LLC, Debtor, 9 10 11 BRUCE P. KRIEGMAN, solely in his capacity as court-appointed Chapter 11 Trustee for LLS America, LLC, 12 Bankr. Case No. 09-06194-PCW11 (Consolidated Case) Adv. Proc. No. 11-80278-PCW11 DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN Plaintiff, 13 v. 14 BLAZENA BOGDAN, 15 Defendant. 16 17 18 19 JUDGMENT SUMMARY Judgment Creditor: Bruce P. Kriegman, solely in his capacity as the Liquidating Trustee under the Confirmed Plan of the Debtor 20 DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN ~ 1 1 Attorneys for Judgment Creditor: Witherspoon Kelley Judgment Debtors: Blazena Bogdan 2 3 4 Principal Amount of Judgment: $142,531.37 CAD $ 250.00 US 5 Interest on Judgment: 6 Weekly Average of One-Year Constant Maturity (nominal) treasury yield as published by the Federal Reserve System (28 U.S.C. § 1961) 7 The Court, having previously entered an Order Adopting the Bankruptcy 8 Court’s Report and Recommendation and Order of Default against Defendant 9 Blazena Bogdan, ECF No. 21, and being fully advised in the premises, 10 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 11 Plaintiff, Bruce P. Kriegman, solely in his capacity as court-appointed Chapter 11 12 Trustee for LLS America, LLC, shall have a judgment against Defendant Blazena 13 Bogdan, as follows: 14 1. Monetary Judgment in the amount of CAD $142,531.37, pursuant to 11 15 U.S.C. § 550 and RCW 19.40.071; 16 2. Transfers in the amount of CAD $85,923.32 made to the Defendant 17 within four years prior to the Petition Filing Date are hereby avoided and Plaintiff 18 may take all necessary action to preserve the same, pursuant to 11 U.S.C. §§ 544, 19 550, 551, and 548(a) and (b) and RCW 19.40.041(1) and (2) and RCW 19.40.071; 20 DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN ~ 2 1 3. Transfers in the amount of CAD $56,608.05 made to Defendant more 2 than four years prior to the Petition Filing Date should be avoided and Plaintiff 3 should be authorized to take all necessary action to preserve the same, pursuant to 4 11 U.S.C. §§ 544, 550, and 551 and RCW 19.40.041(1) and RCW 19.40.071 5 4. All said transfers to Defendant Blazena Bogdan are hereby set aside and 6 Plaintiff shall be entitled to recover the same, or the value thereof, from Defendant 7 Blazena Bogdan for the benefit of the estate of LLS America, pursuant to 11 8 U.S.C. §§ 544, 550, and 551; 9 5. All proofs of claim of Defendant which have been filed or brought or 10 which may hereafter be filed or brought by, on behalf of, or for the benefit of 11 Defendant Blazena Bogdan or any affiliated entities, against the Debtor’s estate, in 12 this bankruptcy or related bankruptcy proceedings, are hereby disallowed and 13 subordinated to the monetary judgment granted herein and Defendant Blazena 14 Bogdan shall not be entitled to collect on her proofs of claim (Claim Nos. 60-1 and 15 477-1) until the monetary judgment is satisfied by Defendant Blazena Bogdan in 16 full, pursuant to 11 U.S.C. §§ 502(d), 510(c)(1), and 105(a); 17 6. A constructive trust is hereby established over the proceeds of all 18 transfers in favor of the Trustee for the benefit of the estate of LLS America; and 19 20 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 1 bear interest equal to the weekly average of one-year constant maturity (nominal) 2 treasury yield as published by the Federal Reserve System. 3 The District Court Clerk is directed to enter this Judgment and provide 4 copies to counsel, Defendants, and Judge Patricia C. Williams and close this case. 5 IT IS SO ORDERED. 6 DATED this 16th day of September 2013. 7 8 9 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 DEFAULT JUDGMENT AGAINST DEFENDANT BLAZENA BOGDAN ~ 4

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