IN RE: LLS America LLC
Filing
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DEFAULT JUDGMENT AGAINST DEFENDANTS JIM SEVILLE AND MARLEN SEVILLE. Party Jim Seville and Marlen Seville terminated. Signed by Chief Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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In Re:
NO: CV-13-417-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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Plaintiff,
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Adv. Proc. No. 11-80299-PCW11
DEFAULT JUDGMENT AGAINST
DEFENDANTS JIM SEVILLE AND
MARLEN SEVILLE
v.
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Bankr. Case No. 09-06194-PCW11
(Consolidated Case)
ROBERT LOXTON, et al.,
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Defendants.
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JUDGMENT SUMMARY
Judgment Creditor:
Bruce P. Kriegman, solely in his capacity as the
Liquidating Trustee under the Confirmed Plan of
the Debtor
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DEFAULT JUDGMENT AGAINST DEFENDANTS JIM SEVILLE AND
MARLEN SEVILLE ~ 1
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Attorneys for
Judgment Creditor:
Witherspoon Kelley
Judgment Debtor:
Jim Seville and Marlen Seville
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Attorney for Judgment
Debtor:
Pro Se
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Judgment Amount:
$69,852.57 USD
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Interest on Judgment:
.11% (28 U.S.C. § 1961)
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The Court, having previously entered an Order Granting Plaintiff’s Motion
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for Entry of Default and being fully advised in the premises,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED 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 Defendants Jim
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Seville and Marlen Seville as follows:
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1. Monetary Judgment in the amount of CAD $69,602.57 USD, pursuant to
11 U.S.C. § 550 and RCW 19.40.071;
2. Transfers in the amount of CAD $69,602.57 USD made to the
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Defendants within four years prior to the Petition Filing Date are hereby avoided
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and Plaintiff may take all necessary action to preserve the same, pursuant to 11
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U.S.C. §§ 544, 550, 551, and 548(a) and (b) and RCW 19.40.041(1) and (2) and
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RCW 19.40.071;
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DEFAULT JUDGMENT AGAINST DEFENDANTS JIM SEVILLE AND
MARLEN SEVILLE ~ 2
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3. All said transfers to Defendants Jim Seville and Marlen Seville are
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hereby set aside and Plaintiff shall be entitled to recover the same, or the value
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thereof, from Defendants Jim Seville and Marlen Seville for the benefit of the
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estate of LLS America, pursuant to 11 U.S.C. §§ 544, 550, and 551;
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4. All proofs of claim of Defendants Jim Seville and Marlen Seville which
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have been filed or brought or which may hereafter be filed or brought by, on behalf
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of, or for the benefit of Defendants Jim Seville and Marlen Seville or their
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affiliated entities, against the Debtor’s estate, in this bankruptcy or related
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bankruptcy proceedings, are hereby disallowed and subordinated to the monetary
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judgment granted herein, and Defendants Jim Seville and Marlen Seville shall not
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be entitled to collect on their proof of claim (Claim No. 344) until the monetary
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judgment is satisfied by Defendants Jim Seville and Marlen Seville 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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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 $69,852.57 USD, which shall bear interest
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equal to the weekly average of one-year constant maturity (nominal) treasury yield
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as published by the Federal Reserve System.
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DEFAULT JUDGMENT AGAINST DEFENDANTS JIM SEVILLE AND
MARLEN SEVILLE ~ 3
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The District Court Clerk is directed to enter this Judgment and provide
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copies to counsel and to pro se defendants, and terminate Jim Seville and Marlen
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Seville as defendants in this case.
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IT IS SO ORDERED.
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DATED this 31st 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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DEFAULT JUDGMENT AGAINST DEFENDANTS JIM SEVILLE AND
MARLEN SEVILLE ~ 4
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