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Morehardt v. Grimes

United States District Court, D. Maine

September 28, 2018

ELLIOT MOREHARDT, Plaintiff,
v.
JASON P. GRIMES, Defendant

          RECOMMENDED DECISION AFTER DISCLOSURE HEARING [1]

          JOHN C. NIVISON U.S. MAGISTRATE JUDGE

         On 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, [2] 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.

         At the 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.)

         Proposed Findings of Fact

         Based on the evidence presented at the hearing, I recommend the Court find the following facts:

         1. On 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.

         2. 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.

         3. Defendant possesses certain personal property which, if sold, would generate proceeds that could be used to satisfy in part the judgment.

         4. 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.

         5. Defendant owns or has a property interest in the firearms depicted in Exhibit 5, which was introduced as evidence at the hearing.

         6. Defendant owns the knife depicted in Exhibit 5.

         7. With 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.

         8. Defendant owns the engine block located on the property ...


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