Legal Opinion
Household Finance Corp. v. Swartz (In Re Swartz)
United States Bankruptcy Court, D. Rhode Island
Decided February 15, 1984No. Bankruptcy No. 8200636, Adv. No. 820362PublishedCited by 10 opinions
1Opinion of the Court
DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, HOLDING LOAN USURIOUS AND PAYMENTS REFUNDABLE
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Heard on cross-motions for summary judgment.
Household Finance Corporation, the plaintiff in this matter, filed a complaint to have its loan to Glenn R. Swartz, Jr. declared nondischargeable. Swartz counterclaimed (Count I) that the loan contract between the parties is usurious and void because it provides for charges in excess of the legal maximum of twenty-one percent per annum on the unpaid principal balance, in violation of R.I.GEN.LAWS § 6-26-2.…
2Cases cited3 opinions
- United Nuclear Corp. v. CannonDistrict Court, D. Rhode Island · 1982
- Burdon v. UnrathSupreme Court of Rhode Island · 1926
- Colonial Plan Company v. TartaglioneSupreme Court of Rhode Island · 1929
3Cited by10 opinions
- Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2003
- Focus Investment Associates, Inc. v. American Title Insurance Company, Focus Investment Associates, Inc. v. American Title Insurance CompanyCourt of Appeals for the First Circuit · 1993
- Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2002
- Boyajian v. DeFusco (In Re Giorgio)United States Bankruptcy Court, D. Rhode Island · 1986
- NV One, LLC v. Potomac Realty Capital, LLCSupreme Court of Rhode Island · 2014
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