In Re Venture Mortgage Fund, L.P.
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION SUSTAINING TRUSTEES’ OBJECTIONS TO CLAIMS ON GROUNDS OF USURY
STUART M. BERNSTEIN, Chief Judge.
These proceedings concern the defense of criminal usury. Two creditors, Theodore Brodie and ATTASCO, independently advanced substantial sums to the debtor Venture Mortgage Fund L.P. (“Venture”), and the debtor David Schick either guaranteed repayment or eo-signed the promissory notes. Their loans bore interest at the annual rate of 27%. After these bankruptcies were commenced, Brodie and AT-TASCO filed timely claims. The Schick and Venture trustees objected to the claims, arguing…
2Cases cited42 opinions
- Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- William Edwards v. Aetna Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1982
- Lawrence A. Mitchell, Jr. v. Washingtonville Central School DistrictCourt of Appeals for the Second Circuit · 1999
- Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996
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3Cited by13 opinions
- In Re Venture Mortgage Fund, L.P., David Schick, Venture Mortgage Corp. And a & D Trading Group, L.L.C. Debtors, Theodore Brodie and Atassco v. John F. Schmutz, as Chapter 11 Trustee for the Estate of Venture Mortgage Fund, L.P. And Aurora Cassirer, as Chapter 11 Trustee for the Estate of David Schick and Venture Mortgage Corp.Court of Appeals for the Second Circuit · 2002
- Cayuga Indian Nation of New York v. PatakiDistrict Court, N.D. New York · 2002
- Carlone v. Lion & The Bull Films, Inc.District Court, S.D. New York · 2012
- Hufnagel v. GeorgeDistrict Court, S.D. New York · 2001
- Merchant Funding Services, LLC v. Volunteer Pharmacy Inc.New York Supreme Court · 2016
8 more not listed; retrieve them via the Exa API.