RE: LLS America LLC

Filing 35

DEFAULT JUDGMENT in favor of Bruce P Kriegman against Paula Donald. Party Paula Donald terminated. Signed by Chief Judge Rosanna Malouf Peterson. (LE, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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In Re:
NO: CV-13-416-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. 11-80296-PCW11
DEFAULT JUDGMENT AGAINST
PAULA DONALD

Plaintiff,

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v.

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MATTHEW BOWOLIN, et al.,

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Defendants.

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JUDGMENT SUMMARY
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Judgment Creditor:
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Plaintiff Bruce P. Kriegman,
Liquating Trustee for LLS
America, LLC, as consolidated

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Attorneys for
Judgment Creditor:

Witherspoon Kelley

JUDGMENT AGAINST DEFENDANT PAULA DONALD ~ 1

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Judgment Debtor:

Paula Donald

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Attorney for Judgment Creditor:

None (pro se)

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Amount of Judgment (principal):

$35,250.00 USD

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Interest Rate:

0.11% (28 USC § 1961)

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JUDGMENT
The Court, having previously entered an Order Adopting the Bankruptcy

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Court’s Report and Recommendation to enter Default Judgment against Defendant

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Paula Donald ECF No. 34, and being fully apprised in the premises, HEREBY

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ORDERS , ADJUDGES, AND DECREES that Plaintiff, Bruce P. Kriegman,

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solely in his capacity as court-appointed Chapter 11 Trustee for LLS America,

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LLC, shall have a judgment against Defendant Paula Donald, as follows:

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1. Monetary Judgment in the amount of $35,000.00 USD, pursuant to 11
U.S.C. § 550 and RCW 19.40.071;
2. Transfers in the amount of $35,000.00 USD made to Defendant Paula

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Donald within four years prior to the Petition Filing Date are hereby avoided and

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Plaintiff may take all necessary action to preserve the same, pursuant to 11 U.S.C.

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§§ 544, 550, 551, and 548(a) and (b), and RCW 19.40.041(1) and (2), and RCW

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19.40.071;

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JUDGMENT AGAINST DEFENDANT PAULA DONALD ~ 2

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3. All said transfers to Defendant Paula Donald 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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Paula Donald for the benefit of the estate of LLS America pursuant to 11 U.S.C. §§

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544, 550, and 551.

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4. 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 Paula Donald or her 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 Paula

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Donald shall not be entitled to collect on her proof of claim (Claim No. 174) until

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the monetary judgment is satisfied by Defendant Rebecca Piatt in full, pursuant to

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11 U.S.C. §§ 502(d), 510(c)(1), and 105(a);

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5. 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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/ / /

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JUDGMENT AGAINST DEFENDANT PAULA DONALD ~ 3

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6. Plaintiff is hereby awarded costs (i.e. filing fee) in the amount of $250.00

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USD, for a total judgment of $35,250.00 USD, which shall bear 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.

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The District Court Clerk is directed to enter this Judgment, terminate Paula

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Donald as a defendant in this cause, and provide copies of this Judgment to

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counsel and any pro se defendants.

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DATED this 6th day of March 2014.

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

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JUDGMENT AGAINST DEFENDANT PAULA DONALD ~ 4