In re Raejean S. Bonham dba World Plus
Bankruptcy No. F95-00897
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HERBERT A. ROSS
U.S. Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ALASKA
605 West 4th Avenue, Room 138, Anchorage, AK 99501-2296 (Phone 907/271-2655)
In re RAEJEAN BONHAM, aka Jean Bonham, aka Jeannie Bonham, dba World Plus,
Case No. F95-00897-HAR
In Chapter 7
LARRY D. COMPTON, Trustee,
RAEJEAN S. BONHAM, STEVE A. BONHAM, ALLEN DALE CARTWRIGHT, MARIA CARTWRIGHT, aka Maria Caporicci, and JAMES T. DECKER, SR.,
ADV PROC NO F95-00897-185-HAR
(BANCAP No. 96-4298)
FINAL PARTIAL JUDGMENT
The court is concurrently entering an Order For Sale Of Real Property under 11 USC § 363(h), partially resolving the issues in this proceeding. There being no just reason for delay of entry of judgment, and because prejudice will occur if the court does not enter final judgment on less than all of the claims,
IT IS ORDERED that,
1. Sale of Debtors and Co-owners Interest Pursuant to 11 USC 363(h)- The real property and improvements described as:
That portion of patented placer mining claim known as 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 Mineral Survey Number 803, embracing a portion of Section Six (6), Township One North (T1N), Range One East (R1E), Fairbanks meridian, being more particularly described in that certain patent from the United States of American to M. R. Boyd, recorded January 17, 1917, in Book 19, Page 72; Records of the Fairbanks Recording District, Fourth Judicial District, State of Alaska, 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 389.09 feet to the TRUE POINT OF BEGINNING; THENCE North 39°39' West a distance of 208.71 feet; THENCE South 35°33' West a distance of 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 of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits within the land described which may have been discovered or know to exist prior to February 27, 1913.
referred to in this Judgment as "the Property," subject to the other terms and conditions of this Judgment, may be sold by the plaintiff trustee, pursuant to 11 USC § 363(h), free and clear of liens and encumbrances, and free of any claims of the defendants, for a gross sale price of not less than $160,000 with the right of the parties in the Property to attach to the proceeds in the same manner and to the same extent that those claims and interests attach to the Property.
2. Terms of Sale- Subject to the requirements of ¶ 3, from the proceeds of the sale, the trustee shall be authorized to disburse to:
(a) Alaska USA Federal Credit Union such sums as may be secured by its first deed of trust lien on the Property;
(b) to the real estate agents, a commission as provided in the listing agreement;
(c) to Allen Dale Cartwright and Maria Caporicci, $2,000 and $1,750 as provided in the Order Approving Stipulation With Allen Dale Cartwright And Maria Caporicci (Docket Entry 103, filed September 12, 1997);
(d) the reasonable costs of closing, as described in the Real Estate Purchase Agreement and Earnest Money Receipt attached as Exhibit A ("the EMA") to the plaintiff trustee's Memorandum In Support Of Motion For Partial Summary Judgment Approving Sale of Property (Docket Entry 133, filed March 31, 1998).
3. Repairs- The plaintiff trustee shall be authorized to either pay for the repairs to the improvements to the property described in the EMA or establish reserves from the sale proceeds to allow the purchasers to perform those repairs, and reserves to purchase replacement appliances, as described in the EMA, provided that the net proceeds to the estate, before considering claims of homestead exemptions, trustee commissions, or legal expenses are not less than $75,000.
4. Alternate Purchaser- This Judgment authorizes the sale of the Property to any purchaser on the terms and conditions described in this order, and not just to the purchasers named in the EMA.
5. Cooperation by Defendants- Steven A. Bonham and RaeJean S. Bonham are directed by the court to cooperate with the plaintiff trustee, the purchasers, and third parties (including without limitation, appraisers, engineers, inspectors, contractors, and repairmen) in effecting the sale of the Property.
6. Net Proceeds to be Held Pending Further Court Order- Upon closing, the net proceeds from the sale of the Property (which should be a minimum of $75,000) shall be held by the trustee pending further order of the court to determine how the net proceeds shall be split amongst the plaintiff and defendants.
7. Final Partial Judgment- This judgment regarding the sale of the Property of debtor and her husband, Steve Bonham, co-owners of the Property, is intended to be a final partial judgment under FRCivP 54(b). There is no just reason for delay and the court directs entry of this final partial judgment.
DATED: April 14, 1998
/s/ Herbert A. Ross
HERBERT A. ROSS
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