Legal Opinion
Boyajian v. Union Capital Corp. (In re Harrington)
District Court, D. Rhode Island
Decided October 22, 1980No. Bankruptcy No. BK-7900378; AP 80-0020PublishedCited by 3 opinions
1Opinion of the Court
ORDER ON DEFENDANTS’ MOTION TO DISMISS
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Heard on the Defendants’ motion to dismiss the Trustee’s complaint which seeks: (1) to set aside a loan made to the debtors as void under the Rhode Island Secondary Mortgage Loans Act, R.I.G.L. § 19-25.2-1, et seq., and (2) the return of all principal, interest, and other charges paid under the loan in question.
The relevant facts are undisputed: On April 18, 1977, Union Capital Corporation loaned $4,200 to Thomas and Diana Harrington, secured by an equity mortgage covering their home in Coventry, Rhode Island.…
2Cases cited16 opinions
- Gardner v. Toilet Goods Assn., Inc.Supreme Court of the United States · 1967
- Pickering v. American Employers InsuranceSupreme Court of Rhode Island · 1971
- Berthiaume v. SCHOOL COM. OF CITY OF WOONSOCKETSupreme Court of Rhode Island · 1979
- Mason v. Bowerman Bros., Inc.Supreme Court of Rhode Island · 1963
- James Talcott, Inc. v. H. Corenzwit and CompanySupreme Court of New Jersey · 1978
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3Cited by3 opinions
- Transamerica Financial Corp. v. Superior CourtCourt of Appeals of Arizona · 1988
- Boyajian v. FinanceAmerica Corp. (In re Mandell)District Court, D. Rhode Island · 1980
- Boyajian v. Kirshenbaum Investment Co. (In re Capobianco)District Court, D. Rhode Island · 1987