ALASKA - MINING

摘要

At issue in Hall v. TWS, Inc., 113 P.3d 1207 (Alaska 2005), was the ownership of mining claims following bankruptcy. In 1990, Hall and Moore acquired 35 mining claims as partners. Moore then borrowed more than 50,000 dollars from Cook. In 1993, Hall filed for bankruptcy. In 1996, Cook obtained a judgment against Moore and assigned it to TWS. During an attempt by TWS to collect on the judgment, Hall testified that, following the dissolution of the partnership precipitated by the filing of his bankruptcy, a new partnership was formed to hold the claims. The superior court held that the partnership was dissolved by the bankruptcy, that no new partnership was formed subsequent to the bankruptcy, that the claims were held by Hall and Moore as tenants in common, and that TWS could foreclose on Moore's half interest. Upon review, the Alaska Supreme Court ruled that whether Hall and Moore owned the Marshall Dome claims as tenants in partnership or tenants in common affects whether and how TWS can reach the claims to satisfy its judgment against Moore. [I]f the claims are held as tenants in partnership TWS could only foreclose on Moore's interest in the partnership [and] could reach the mining claims only if it requested a judicial decree of dissolution.... But if Hall and Moore purchased the claims as tenants in common, or if the partnership dissolved in 1993 when Hall filed for bankruptcy TWS could foreclose directly on Moore's interest in the underlying claims.