In re Raejean S. Bonham dba World Plus
Bankruptcy No. F95-00897
Unofficial Web Site


James D. DeWitt
Guess & Rudd
100 Cushman Street, Suite 500
Fairbanks, Alaska 99701
(907) 452-8986

Attorneys for the Trustee

UNITED STATES BANKRUPTCY COURT

DISTRICT OF ALASKA

In re

RAEJEAN BONHAM, aka JEAN
BONHAM, aka JEANNIE BONHAM,
dba WORLD PLUS,

Debtor.

LARRY D. COMPTON,
Plaintiff,

v.

RAEJEAN S. BONHAM and STEVE A.
BONHAM
Defendats.

COMPLAINT

The Trustee, LARRY D. COMPTON, by and through his attorneys, Guess & Rudd, states and alleges that:

ALLEGATIONS COMMON TO ALL COUNTS

1. The plaintiff is the duly authorized and acting Chapter 7 trustee in this proceeding.

2. Defendants Raejean S. Bonham and Steve A. Bonham ("the Bonhams") are residents of Fairbanks, Alaska and are the debtor and the debtor's spouse, respectively, in this Chapter 7 case.

3. This is a core proceeding under 28 U.S.C. §157(b)(2).

COUNT I

TURNOVER OF PROPERTY

4. The Bonhams kept and maintained an account at The American Funds Group, Account No. 6103-9143-40, as joint owners.

5. The monies on deposit in that account are traceable to World Plus funds, and the funds on deposit in that account on December 19, 1995, the date of filing of the involuntary Chapter 7 proceeding, are assets of the bankruptcy estate.

6. On or about April 1, 1996, the Bonhams caused the sum of $1,700.00 to be withdrawn from that account.

7. The plaintiff has made demand for the return of those monies, and the Bonhams have failed without excuse or justification, to respond to that demand or to return those monies.

8. The Bonhams should be compelled to refund those monies to the plaintiff.

COUNT II

PREFERENCE CLAIMS - STEVE BONHAM

9. The plaintiff realleges paragraphs 1 - 8 and incorporates them by reference in Count II.

10. In the twelve months preceding the filing of the involuntary Chapter 7 petition on December 19, 1995, the debtor made numerous transfers to Steve Bonham which are voidable preferences under 11 U.S.C. §547.

11. The plaintiff is entitled to recover from Steve Bonham the property transferred between December 20, 1994 and December 19, 1995, in an amount to be proven at trial.

COUNT III

FRAUD CLAIMS - STEVE BONHAM

12. The plaintiff realleges paragraph 1 - 11 and incorporates them by reference in Count III.

13. In the twelve months preceding the filing of the involuntary Chapter 7 petition on December 19, 1995, the debtor made numerous transfers to Steve Bonham which are fraudulent under 11 U.S.C. §548.

14. The plaintiff is entitled to recover from Steve Bonham the property transferred between December 20, 1994 and December 19, 1995, in an amount to be proven at trial.

COUNT IV

BREACH OF FIDUCIARY DUTY CLAIMS - STEVE BONHAM

15. The plaintiff realleges paragraph 1 - 14 and incorporates them by reference in Count IV.

16. Defendant Steve Bonham was at all times relevant an officer or director or both of World Plus, Inc.

17. As an officer and director, Steve Bonham is liable to the plaintiff as successor in interest to World Plus, Inc. for improper distributions by World Plus, Inc. under AS 10.06.480 and AS 10.06.483 in the full amounts of those improper distributions for the two years preceding the date the involuntary Chapter 7 petition was filed, December 19, 1995, in an amount to be proven at trial.

18. As an officer and director, Steve Bonham is liable to the plaintiff as successor in interest to World Plus, Inc. for improper distributions by World Plus, Inc. under AS 10.06.485 in the full amounts of those improper distributions for the two years preceding the date the involuntary Chapter 7 petition was filed, December 19, 1995, in an amount to be proven at trial.

PRAYER

WHEREFORE, the plaintiff requests the court grant him relief as follows:

1. For an order and judgment requiring defendants Raejean S. Bonham and Steve A. Bonham to immediately pay over the $1,700.00 improperly converted from estate assets.

2. For a judgment against defendant Steve A. Bonham for property received by him which constituted a preference under 11 U.S.C. §547, in an amount to be proven at trial.

3. For a judgment against defendant Steve A. Bonham for property received by him which constituted a fraudulent conveyance under 11 U.S.C. §548, in an amount to be proven at trial.

4. For a judgment against defendant Steve A. Bonham for property received by him in violation of AS 10.06.480, 483 and 485 constituting improper distributions from World Plus, Inc.

5. For prejudgment and post-judgment interest on money recovered at the highest rates permitted by law.

6. For the costs and attorneys' fees incurred by the plaintiff in bringing this action.

7. For such other and further relief as the court deems just and equitable in the circumstances of this case.

DATED at Fairbanks, Alaska this ___ day of October, 1996.

GUESS & RUDD
Attorneys for the Plaintiff

James D. DeWitt
ABA No. 760523

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