Kriegman v. Nelson et al

Filing 94

JUDGMENT AGAINST DORIS NELSON. Signed by Chief Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 In Re: NO: 12-CV-488-RMP 8 LLS AMERICA, LLC, Bankr. Case No. 09-06194-FPC11 Debtor, 9 10 11 BRUCE P. KRIEGMAN, solely in his capacity as court-appointed Chapter 11 Trustee for LLS America, LLC, 12 Adv. Proc. No. 11-80285-FPC11 JUDGMENT AGAINST DORIS NELSON Plaintiff, 13 v. 14 DORIS NELSON and ADAM NELSON, and the marital community comprised thereof; et al., 15 16 Defendants. 17 18 19 20 JUDGMENT SUMMARY 1. Judgment Creditor- Bruce P. Kriegman, Liquidating Trustee for LLS America, LLC, as consolidated JUDGMENT AGAINST DORIS NELSON ~ 1 1 2. Attorneys for Judgment Creditor- Witherspoon Kelley 2 3. Judgment Debtor- Doris Nelson 3 4. Attorney for Judgment Debtor: Timothy W. Durkop 4 5. Judgment Amount (Principal)- $4,662,948 USD 5 6. Prejudgment Interest (0.47% from July 21, 2009 through October 1, 2014)- $116,237.44 USD 7 7. Total Judgment- $4,779,185.44 USD 8 8. Plus taxable costs in the amount to be determined by the Court- 9. Interest Rate on Judgment- 6 9 .10% (28 U.S.C. § 1961) 10 Plaintiff filed an Amended Notice of Presentment of Judgment pursuant to 11 Fed. R. Civ. P. 58(a) and 58(d). ECF No. 93. At the trial conducted on October 12 1, 2014, the Court heard that Doris Nelson would not contest entry of judgment 13 against her in the amount of $4,662,948. The Court has reviewed the Amended 14 Notice of Presentment of Judgment and is fully informed. 15 Accordingly, IT IS HEREBY ORDERED: 16 1. Plaintiff, Bruce P. Kriegman, solely in his capacity as Liquidating 17 Trustee of LLS America, LLC as consolidated, is awarded Judgment against 18 defendant Doris Nelson, as follows: 19 a. Judgment 20 JUDGMENT AGAINST DORIS NELSON ~ 2 $4,662,948 USD 1 b. Prejudgment interest (0.47% per annum from July 21, 2009 to October 1, 2014)- c. Plus taxable costs in the amount to be determined by the Court; d. $116,237.44 USD Plus post-judgment interest from the date of Judgment until fully paid at the federal rate of 0.10% per annum (28 U.S.C. § 1961). 2 3 4 5 6 2. Defendant’s claims, if any, are equitably subordinated such that all 7 claims of Defendant, including any claim under Section 502(h) of the Bankruptcy 8 Code, that may hereafter arise or that have been filed or brought or that may 9 hereafter be filed or brought by, on behalf of, or for the benefit of Defendant or 10 any affiliated entities, against Debtor’s estate, in Debtor’s bankruptcy or related 11 bankruptcy proceedings are subordinated to all other unsecured claims, pursuant 12 to 11 U.S.C. §§ 510(c)(1) and 105(a). 13 The District Court Clerk is directed to enter this Order and provide copies 14 to counsel, to pro se defendants, and to Judge Frederick P. Corbit. 15 IT IS SO ORDERED. 16 The District Court Clerk is hereby directed to enter this Order and to provide 17 copies to counsel and to pro se defendants. 18 DATED this 14th day of November 2014. 19 20 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge JUDGMENT AGAINST DORIS NELSON ~ 3

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