Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Adams v. Brenton

United States District Court, E.D. Kentucky, Central Division, Lexington

September 25, 2019

CORY ADAMS, Plaintiff,
v.
WES C. BRENTON, Defendant.

          OPINION AND ORDER

          KAREN K. CALDWELL, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the writ of execution (DE 76) tendered by plaintiff Cory Adams.

         On November 13, 2018, the Court entered judgment in Adams’ favor on his claims against defendant Wes C. Brenton for breach of contract, breach of express warranty, violation of the Kentucky Consumer Protection Act, and fraud. In short, the Court found there could be no dispute that Brenton sold Adams a car, falsely representing that the car was a rare and valuable Chevrolet L88 Corvette. The Court adjudged Brenton liable to Adams for compensatory damages of $235, 000 plus interest and attorney’s fees of $40, 385.35. Brenton did not appeal the judgment. Accordingly, the judgment is final.

         By prior opinion and order (DE 75), the Court granted Adams’ motion to enforce the judgment in this case (DE 71).

         Pursuant to Federal Rule of Civil Procedure 69, the procedure for executing on a judgment must accord with the procedure in Kentucky. Fed.R.Civ.P. 69(a)(1). In its prior opinion, the Court determined that the following transfers by defendant Wes Brenton to Ashely Rayne Brenton were voidable under the Kentucky Uniform Voidable Transactions Act (KUVTA), KRS 378A.050(1):

a) $19, 350 cash transferred by defendant Wes Brenton to his daughter Ashley Rayne Brenton;
b) the jumping horse purchased by defendant Brenton for Ashley Rayne Brenton; and
c) the Louis Vuitton purse defendant Brenton purchased for Ashley Rayne Brenton.

         The KUVTA provides that a creditor like Adams with a judgment against his debtor can levy execution on the assets that were transferred. KRS 378A.070(2). Accordingly, the Court ordered Adams to tender a writ of execution conforming to the Court’s order, and Adams has now tendered a writ.

         Pursuant to KRS 427.010(1), however, certain personal property of “an individual debtor” is exempt from execution and attachment. Further, the writ tendered by Adams indicates that the cash transferred by Brenton to Ashley Rayne Brenton (“Ashley”) is located at a residence, not in a bank account.

         The Court ordered Adams to file a brief addressing the following issues:

1) why the Louis Vuitton purse and the jumping horse are not exempt from execution and attachment under Kentucky law; and
2) the basis for Adams’ assertion that the $19, 350 transferred by the defendant to Ashley Rayne Brenton is currently located at 1161 Wood Ridge Rd., Lexington, KY.

         Adams has filed a brief (DE 80) addressing these issues and counsel for Ashley ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.