KAREN OVERSTREET, Bankruptcy Judge
THIS MATTER came before the Court for trial commencing on December 13, 2004 and continuing on various days through closing argument on April 21, 2005. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1452, 28 U.S.C. § 1334 and 28 U.S.C. § 157.
Over the course of the trial the Court considered all admitted exhibits, the testimony of Bruce Nelson, Robert Wagner, Phil Corniel, Didi Howe, Peter Goddu, Wendy Eklund, Harvey Forman, Dennis Enomoto and Hannah Leah Mahon Enomoto, and the parties' pre and post trial briefs, and is fully advised. The Court issued a Memorandum Decision on October 19, 2005 (the "Memorandum Decision"), which was supplemented by an oral ruling on November 18, 2005 and a letter ruling on December 6, 2005. The Court's Memorandum Decision, as supplemented by both the oral ruling on November 18, 2005 and the letter ruling on December 6, 2005, is hereby incorporated in full by reference. Based upon the record before it the Court finds and concludes as follows:
1. Each of the loan documents presented by Banner Bank (as referenced in section II. D of the Memorandum Decision) was validly executed and authorized by the signatory thereto.
2. Defendants are not entitled to any offsets for allegedly unauthorized loan account transfers between and among the accounts of Century Stone Homes Corporation ("Century Stone"); CSH Systems Technologies, LLC ("CSH"); Evergreen Cardiology Care Center, P.S. ("Evergreen"); Dennis Enomoto and Hannah Leah Mahon Enomoto.
3. Defendants are entitled to offsets for funds which were removed from certain checking accounts and could not be traced or were used to fund cashiers' checks which were not validly authorized.
It is therefore,
ORDERED that Banner Bank is entitled to judgment against Century Stone, CSH, Evergreen, Dennis Enomoto and/or Hannah Leah Mahon Enomoto for amounts due on each promissory note identified during trial and admitted as Plaintiff's Exhibits 1 and 1-O, 2 and 2-O, 3 and 3-O, 4 and 4-O, 5 and 5-O, 6 and 6-O, 7 and 7-O and 8 and 8-O, minus the offsets, and accrued interest on such offsets, as set forth in the Court's Memorandum Decision. It is further
ORDERED that the judgment entered in King County Superior Court on December 30, 2003 against Evergreen Cardiology Care Center, P.S. is hereby affirmed and it is not subject to any offsets or to equitable subordination. Banner Bank shall have an allowed claim in the amount of said judgment, plus any additional amounts ordered by this Court. A determination of how much of Banner Bank's claim is secured, and whether Banner Bank has a right to post-petition interest and attorneys' fees and costs pursuant to 11 U.S.C. § 506(b), shall be subject to further proceedings and order of this Court; It is further
ORDERED that Banner Bank is entitled to judgment against Dennis Enomoto and Hannah Leah Enomoto for amounts due on the Century Stone loans, minus offsets, and the Evergreen Loan pursuant to the valid personal guaranties identified during trial and admitted as Plaintiff's Exhibits 14(b) and 10 and 10-O. It is further
ORDERED that Banner Bank is entitled to judgment against Hannah Leah Mahon Enomoto for amounts due on the CSH and Century Stone loans, minus offsets, pursuant to valid personal guaranties identified during trial and admitted as Plaintiff's Exhibit 14(a), 11 and 11-O, and 12 and 12-O.
By this Order all claims between and among the parties, with the exception of the award of additional attorneys' fees and costs and Banner Bank's rights under 11 U.S.C. § 506, are hereby resolved, and the stay imposed by the King County Superior Court with relation to execution of the judgment against Evergreen is hereby lifted.
This Order is without prejudice to any party's right to move for an award of attorneys' fees and costs against any other party. Any appropriate award, as supported by the underlying loan documents and/or statute, will be made by supplemental order of the Court.
SO ORDERED.