IN RE: LLS America LLC

Filing 48

DEFAULT JUDGMENT AGAINST DEFENDANTS EDMUND OXLEY AND LINDA OXLEY Party Edmund Oxley and Linda Oxley 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 EDMUND OXLEY
AND LINDA OXLEY

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 EDMUND OXLEY AND
LINDA OXLEY ~ 1

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Attorneys for
Judgment Creditor:

Witherspoon Kelley

Judgment Debtor:

Edmund Oxley and Linda Oxley

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Attorney for Judgment
Debtor:

Pro Se

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Judgment Amount:

$42,495.67 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 Edmund

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Oxley and Linda Oxley as follows:

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1. Monetary Judgment in the amount of CAD $42,245.67 USD, pursuant to
11 U.S.C. § 550 and RCW 19.40.071;
2. Transfers in the amount of CAD $42,245.67 USD made to the

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Defendants Edmund and Linda Oxley within four years prior to the Petition Filing

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Date are hereby avoided and Plaintiff may take all necessary action to preserve the

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same, pursuant to 11 U.S.C. §§ 544, 550, 551, and 548(a) and (b) and RCW

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19.40.041(1) and (2) and RCW 19.40.071;

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DEFAULT JUDGMENT AGAINST DEFENDANTS EDMUND OXLEY AND
LINDA OXLEY ~ 2

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3. All said transfers to Defendants Edmund Oxley and Linda Oxley 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 Edmund Oxley and Linda Oxley 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 Edmund Oxley and Linda Oxley 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 Edmund Oxley and Linda Oxley 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 Edmund Oxley and Linda Oxley shall

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not be entitled to collect on their proof of claim (Claim No. 25) until the monetary

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judgment is satisfied by Defendants Edmund Oxley and Linda Oxley 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 $42,495.67 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 EDMUND OXLEY AND
LINDA OXLEY ~ 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 Edmund Oxley and

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Linda Oxley as defendants in this case.

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IT IS SO ORDERED.

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DATED this 2nd day of April 2104.

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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 EDMUND OXLEY AND
LINDA OXLEY ~ 4