RE: LLS America LLC

Filing 46

DEFAULT JUDGMENT AGAINST LYLE LOCKHART. Party Lyle Lockhart terminated. 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-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
LYLE LOCKHART

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 LYLE LOCKHART ~ 1

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Judgment Debtor:

Lyle Lockhart

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Attorney for Judgment Creditor:

None (pro se)

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Amount of Judgment (principal):

$28,337.28 CAD
250.00 USD

Interest Rate:

0.11% (28 USC § 1961)

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JUDGMENT
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The Court, having previously entered an Order Granting Entry of Default
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Judgment against Defendant Lyle Lockhart ECF No. 45, and being fully apprised
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in the premises, HEREBY ORDERS , ADJUDGES, AND DECREES 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 Lyle
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Lockhart, as follows:
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1. Monetary Judgment in the amount of CAD $28,337.28, 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 $28,337.28 made to Defendant Lyle
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Lockhart 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 LYLE LOCKHART ~ 2

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3. All said transfers to Defendant Lyle Lockhart 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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Lyle Lockhart 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 Lyle Lockhart which have been filed or

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brought or which may hereafter be filed or brought by, on behalf of, or for the

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benefit of Defendant Lyle Lockhart or his affiliated entities, against the Debtor’s

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estate, in this bankruptcy or related bankruptcy proceedings, are hereby disallowed

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and subordinated to the monetary judgment granted herein, and Defendant Lyle

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Lockhart shall not be entitled to collect on his proofs of claim (Claim Nos. 31 and

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442) until the monetary judgment is satisfied by Defendant Lyle Lockhart in full,

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pursuant to 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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/ / /

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JUDGMENT AGAINST DEFENDANT LYLE LOCKHART ~ 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 CAD $28,337.28, plus $250 USD, which shall bear

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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, terminate Lyle

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Lockhart 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 1st day of April 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 LYLE LOCKHART ~ 4