Legal Opinion
In re Bonham
United States Bankruptcy Court, D. Alaska
Decided January 13, 1999No. Bankruptcy Nos. F95-00897-HAR, 96-4281; Adversary No. F95-00897-168-HARPublished
1Opinion of the Court
MEMORANDUM DECISION GRANTING MOTION TO DISMISS (TREATED AS A SUMMARY JUDGMENT MOTION) CLAIM FOR DOUBLE DAMAGES UNDER AS 45.45.030
HERBERT A. ROSS, Bankruptcy Judge.
Index Page
1. INTRODUCTION.440
2. FACTUAL AND PROCEDURAL BACKGROUND.440
3. ISSUES ADDRESSED AND NOT ADDRESSED.441
4. LEGAL ANALYSIS.441
4.1. The Alaska Usury Statutes.441
4.2. The Trustee’s Rights to Enforce a Usury Claim Based on the Investment Contract is Subject to the Defenses Against the Debtor.442
4.3. The Trustee Is Barred by AS 45.55.930(g) From Recovering Double Interest Under AS 45.45.030 442
4.4. It is Proper to Grant Summary…
2Cases cited13 opinions
- Connecticut National Bank v. GiacomiSupreme Court of Connecticut · 1997
- Sender v. Buchanan (In Re Hedged-Investments Associates, Inc.)Court of Appeals for the Tenth Circuit · 1996
- McCollum v. Hamilton National BankSupreme Court of the United States · 1938
- In Re Frank Giorgio and Pauline Giorgio, Debtors. John Boyajian, Trustee v. Alan J. Defusco, Etc.Court of Appeals for the First Circuit · 1988
- In Re BonhamUnited States Bankruptcy Court, D. Alaska · 1998
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