Legal Opinion
In Re Frank Giorgio and Pauline Giorgio, Debtors. John Boyajian, Trustee v. Alan J. Defusco, Etc.
Court of Appeals for the First Circuit
Decided December 12, 1988No. 88-1166PublishedCited by 52 opinions
1Opinion of the Court
BREYER, Circuit Judge.
In 1977 Pasco DeFusco obtained a Rhode Island state court judgment for $38,500 against Frank and Pauline Giorgio. Pasco DeFusco died in 1981; the Giorgios went bankrupt in 1983. The DeFusco estate then tried to collect the judgment from the Giorgios’ bankruptcy estate. The bankruptcy court refused to allow the DeFusco estate to collect the debt on the ground that it represented the proceeds of loans that Pasco had made to Frank Giorgio at usuriously high interest rates. Indeed, the bankruptcy court concluded that usury was so prevalent that state usury and rackeer-ing…
2Cases cited22 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Pepper v. LittonSupreme Court of the United States · 1939
- Brown v. FelsenSupreme Court of the United States · 1979
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
17 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992
- Barnett v. SternCourt of Appeals for the Seventh Circuit · 1990
- Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
- 80 Nassau Associates v. Crossland Federal Savings Bank (In Re 80 Nassau Associates)United States Bankruptcy Court, S.D. New York · 1994
- 27 Collier bankr.cas.2d 1112, Bankr. L. Rep. P 74,813, 20 Ucc rep.serv.2d 1008 in Re Baker & Getty Financial Services, Inc., Debtors. First National Bank of Barnesville, (91-3200), Plaintiff/cross-Appellant (91-3199) v. Carl D. Rafoth, Trustee for Baker & Getty Financial Services, Inc., Baker & Getty Diversified, Inc., Baker & Getty Securities, Inc., Philip Cordek and Suzan Bierman Cordek, (91-3195), Defendants/cross-Appellants (91-3269)Court of Appeals for the First Circuit · 1992
47 more not listed; retrieve them via the Exa API.