Aiavolasiti v. Tonry

HERBERT A. CADE, Judge Pro Tem.

Richard Tonry appeals from a judgment finding him in default on a promissory note and condemning him to pay $55,894.83, plus interest and attorneys fees. He argues that the debt was discharged in bankruptcy; alternatively, that the note was usurious. We find no merit to either argument.

Tonry was discharged in bankruptcy March 9, 1982. On that date a $100,000.00 debt owed Aiavolasiti was discharged. June 22, 1982 Tonry signed a new note, for $75,000.00, at 15 per cent interest, also payable to Aiavolasiti. Approximately twenty payments were made over the next…