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, STEVE A.
\BONHAM, ALLEN DALE CARTWRIGHT,
MARIA CARTWRIGHT aka MARIA
CAPORICCI, and JAMES T.
DECKER, SR.

Defendants.

COMPLAINT

LARRY D. COMPTON, by and through his attorneys, Guess & Rudd, 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. Defendants Allen Dale Cartwright and Maria Cartwright ("the Cartwrights") are presently residents of the State of Oregon but are former residents of the State of Alaska and may claim an interest in the real property at issue in this proceeding.

4. James T. Decker, Sr. ("Decker") is a resident of the State of Alaska and has asserted a claim of lien against the real property at issue in this proceeding.

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

6. The Bonhams, under an unrecorded documents styled a "Residential Lease with Option to Purchase" dated May 18, 1989 ("the Lease") possess an interest in the real property and improvements described as:

That portion of patented placer mining claim known as Bench Claim, 2nd Tier left limit opposite No. 12 Below discovery on Goldstream and Bench Claim on left limit 2nd Tier back from Creek claim No. 13 below discovery on Gold Stream placer mining claims designated by the Surveyor General as Survey No. 803, being more particularly described in that certain patent from United States of America to M.R. Boyd dated March 22, 1915 and recorded January 17, 1917 as follows:

BEGINNING at the U.S. Mineral Survey Corner No. 1 (which is North 10°43' East a distance of 798.5 feet from the Quarter corner common to Section 6, Township 1 North, Range 1 East and Section 31, Township 2 North, Range 1 East) and proceeding South 36°39' West 613.2 feet, thence South 37°02'20" East 614.70 feet; thence South 35°33' West 378.09 feet to the true point of beginning; thence North 39°39' West 208.71 feet; thence South 35°33' West 208.71 feet to a point on the claim line between U.S. Mineral Survey Corners No. 2 and No. 3 of said claim; thence South 39°39' East 208.71 feet to U.S. Mineral Survey Corner No. 3 of said claim; thence North 35°33' East 208.71 feet to the true point of beginning.

EXCEPTING Therefrom any veins or lodes or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits within the land above-described which may have been discovered or known to exist prior to February 27, 1913.

("the Property"). A true and correct copy of the Lease is attached to this complaint as Exhibit A.

7. Defendant Decker may claim an interest in the Property by reason of a Claim of Lien ("the Lien"), a true and correct copy of which is attached as Exhibit B.

COUNT I

QUIET TITLE

8. The plaintiff realleges paragraphs 1 - 7 and incorporates them by reference in Count I.

9. The Lease has the legal effect of a sale of the equitable interests in the Property from the Cartwrights to the Bonhams, subject to certain rights in the Cartwrights in the event of the Bonhams' default, with the assumption by the Bonhams of the underlying deed of trust and deed of trust note originally held by Fireman's Fund Mortgage Corporation, and now held by Alaska USA Federal Credit Union.

10. The trustee has succeeded to the rights of defendant Raejean S. Bonham under the Lease.

11. Defendant Maria Cartwright did not sign the Lease and, at the date of Lease, may have held an interest in the Property.

12. The trustee is entitled to a judgment that the interests of Maria Cartwright are identical to and in no way superior to those of defendant Allen Dale Cartwright.

13. The Lien is invalid, void and confers no rights or benefits on Decker or any person claiming through him. The written consent of defendant Raejean S. Bonham to the Lien is invalid and a violation of the Bankruptcy Code.

COUNT II

SALE OF PROPERTY - §363(h)

14. The plaintiff realleges paragraphs 1 - 13 and incorporates them by reference in Count II.

15. The trustee is entitled to an order directing the sale of the Property.

16. The trustee is entitled to an order directing the disbursement of the proceeds from the sale of the Property.

COUNT III

BREACH OF WARRANTY OF TITLE

17. The plaintiff realleges paragraphs 1 - 16 and incorporates them by reference in Count III.

18. The interests of defendant Maria Cartwright in the Property constitute a violation of the covenant of quiet enjoyment in the Lease by defendant Allen Dale Cartwright.

19. The plaintiff has made demand on defendant Allen Dale Cartwright for cure of the violation of the covenant of quiet enjoyment, but Allen Dale Cartwright has not removed or cured that claim.

20. The plaintiff, as successor to the interests of Raejean S. Bonham, is entitled to recover from Allen Dale Cartwright the costs and attorneys' fees incurred by the plaintiff in quieting title against Maria Cartwright.

PRAYER

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

1. Issue an order determining that the right, title and interest of Maria Cartwright in the Property are identical to and in no way superior to those of defendant Allen Dale Cartwright.

2. Issue an order determining that the Lien confers no right, title or interest in the Property to Decker.

3. Issue an order for the sale of the Property.

4. Issue an order for the distribution of the proceeds from the sale of the Property in accord with the Bankruptcy Code.

5. Issue a judgment against defendant Allen Dale Cartwright for the costs and attorneys' fees incurred by the plaintiff in quieting the interests of Maria Cartwright in the Property.

6. Issue a judgment against defendant Raejean S. Bonham for the costs and attorneys' fees incurred by the plaintiff in quieting the interests of Decker.

7. Award the plaintiff the costs and attorneys' fees reasonably incurred in bringing this action.

8. Award the plaintiff prejudgment and post-judgment interest on any recovery of monies at the highest rates permitted by law.

9. Grant the plaintiff 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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