United States District Court, D. Maine
RECOMMENDED DECISION AFTER DISCLOSURE
C. NIVISON U.S. MAGISTRATE JUDGE
August 17, 2018, the Court conducted a disclosure hearing on
Plaintiff's efforts to enforce a money judgment entered
in the United States Bankruptcy Court in the amount of $34,
614.87. Under Maine law, which governs the enforcement of the
judgment,  upon consideration of a
judgment-debtor's income and assets, to satisfy a
judgment, a court can order a judgment-creditor to make
regular installment payments or to turn over property for
sale. 14 M.R.S. §§ 3126-A, 3131.
hearing, Plaintiff called Defendant and Defendant's
former girlfriend, Dena Thompson, to testify. Plaintiff also
introduced several exhibits. Following the hearing, Plaintiff
filed a written argument (ECF No. 45) and a supplemental
memorandum and request for order of sale. (ECF No. 46.)
Findings of Fact
on the evidence presented at the hearing, I recommend the
Court find the following facts:
June 8, 2016, the United States Bankruptcy Court entered a
judgment against Defendant in the amount of $34, 614.87, plus
interest and costs. Defendant has not satisfied the judgment.
Defendant, who is a welder by trade, has worked very little
during at least the two years preceding the hearing.
Defendant does not have a regular source of income. He relies
on family members for support.
Defendant possesses certain personal property which, if sold,
would generate proceeds that could be used to satisfy in part
Although Defendant contends he does not own much of the
property he possesses, which property principally consists of
firearms, motorcycles, and motor vehicle parts, Defendant did
not provide the full names of the individuals who purportedly
own the property. Furthermore, despite the fact the original
disclosure subpoena required Defendant to produce at the
hearing documents that evidence ownership of the personal
property at or around his residence, Defendant produced no
documentation to confirm that others own the property.
Defendant owns or has a property interest in the firearms
depicted in Exhibit 5, which was introduced as evidence at
Defendant owns the knife depicted in Exhibit 5.
the exception of two motorcycles identified by Dena Thompson
as owned by her, Defendant owns or has a property interest in
the motorcycles depicted in Exhibit 1, which was introduced
as evidence at the hearing.
Defendant owns the engine block located on the property ...