JUDGE HERB ROSS
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ALASKA
605 West 4th Avenue, Room 138, Anchorage, AK 99501-2296
(Phone 907/271-2655 - Fax 907/271-2692 - Website: www.akb.uscourts.gov)
In re RAEJEAN BONHAM, aka Jean Bonham, aka Jeannie Bonham, dba World Plus; WORLD PLUS, INC., an Alaska corporation; and ATLANTIC PACIFIC FUNDING CORP., a Nevada corporation,
Debtor(s) |
Case No. F95-00897-HAR
In Chapter 7 |
LARRY D. COMPTON, Trustee,
Plaintiff(s) v. RANDY N. MAAG and ALENE MAAG-WOODS, aka Alene Woods, Defendant(s) |
ADV PROC NO F95-00897-099-HAR
(BANCAP No. 96-4212) ORDER REGARDING TRUSTEES MOTION FOR FINAL JUDGMENT AND VARIOUS PENDING MOTIONS |
For the reasons stated in the Memorandum being filed concurrently,
IT IS ORDERED that,
1. VACATING FINAL JUDGMENT- Subject to defendants dismissing the pending appeal in the U.S. District Court:
2. RULING ON SUMMARY JUDGMENTS- Subject to defendants dismissing the pending appeal in the U.S. District Court:
2.1. Defendants Opposition to Motion for Summary Judgment on Net Gain; Defendants Motion for Summary Judgment on State Court Fraudulent Conveyance and Common Law Fraud Claim and Defendants Motion to Dismiss for Failure to State a Claim for Fraud is DENIED. Defendants joined in the Defendants Motion to Dismiss Complaint for Failure to State a Claim, Motion to Dismiss Complaint for Failure to State a Claim, Motion for Partial Judgment on the Pleadings, and the Motion for Partial Summary Judgment to Dismiss Section 548 Count, and those motions, to the extent not previously ruled upon, are DENIED.
2.2. The trustees Motion for Partial Summary Judgment that Debtor Operated a Ponzi Scheme; and on Fraudulent Conveyance Causes of Action; and for Rule 54(b) Final Judgment for Preference Recipients and Against "Net Gainers" to the Extent of Their Net Gains, is GRANTED. The trustees Motion for Partial Summary Judgment on Fraudulent Conveyance Causes of Action; and for Rule 54(b) Final Judgment [Alene Maag-Woods aka Alene Woods] and the Motion for Partial Summary Judgment on Fraudulent Conveyance Causes of Action; and for Rule 54(b) Final Judgment [Randy Maag], filed in the present adversary case, are GRANTED, except that the courts decision renders the requests for Rule 54(b) certification moot. The trustees Request for Entry of Final Judgment Against Defendants as to Net Gain Only is GRANTED, and the trustee shall file a proposed final judgment, including prejudgment interest at the federal rate from the filing of the complaint, plus costs and attorney fees under Alaska RCivP 82.
3. RE-ENTRY OF FINAL JUDGMENT- Subject to defendants dismissing the pending appeal in the U.S. District Court, the court will enter a new final judgment based upon its concurrently filed Memorandum Decision.
DATED: March 10, 2000
/s/HERBERT A. ROSS U.S. Bankruptcy Judge |
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