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)

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