Alaska Liens Law
Mary Jaworski v. Estates of Andrew G. Horwath
1. Alaska's probate nonclaim statute, AS 13.16.460, provides that claims against an estate arising before the decedent's death are barred unless presented: (1) within four months of the first publication of notice to creditors; (2) within three years of death if no notice to creditors is published; or (3) within limits specified by other applicable statutes of limitations.1 The statute also bars m... More...
$0 (05-25-2012 - AK)Kevin O'Connell v. Anthony Will
In 2002 Kevin O'Connell was awarded damages against Anthony and Paulette Will for the Wills' failure to pay a promissory note. Under the attorney's fee provision in the note, O'Connell was also awarded full attorney's fees and costs. After O'Connell's attorney engaged in post-judgment collection efforts, Anthony Will paid the judgment. In 2009 Anthony Will filed a request for an order that the jud... More...
$0 (10-28-2011 - AK)Howard Weiner v. Burr, Pease & Kurtz, P.C.
This appeal involves a dispute over the modification of a law firm's contingent-fee agreement. The main questions presented are whether the modified contingent-fee agreement is valid and whether the court erred in construing the disputed phrase — "further substantial litigation†— to mean more than just in-court proceedings and filings. Because the modified fee agreement is val... More...
$0 (11-13-2009 - AK)Lakloey, Inc. v. Jeffery Balleck, White Eagle Construction and White Eagle, Inc.
Alaska's mechanic's lien statutes allow a lessor of construction equipment to lien real property if its equipment is used under agreement with the property owner or the owner's agent "for the construction, alteration, or repair of a building or improvement†on the property.1 In this case a landscaper purchased fill dirt from a construction company and rented heavy machinery from an equipment... More...
$0 (07-10-2009 - AK)Janay Wolff v. Ralph Cunningham, individually and d/b/a Igloo Ice
In 2002 Janay Wolff, Ralph Cunningham, and Ronnie Clanton agreed that<br> a $25,000 payment from Cunningham to Wolff would settle a business debt between<br> Cunningham and Clanton, remove a Child Support Enforcement Division lien from<br> Cunningham's real property in Soldotna, and satisfy Clanton's child support obligation.<br> <br> When Cunningham failed to pay, Wolff filed suit to enforce the ... More...
$0 (07-11-2008 - AK)<a href="http://www.state.ak.us/courts/ops/sp-5845.pdf" target="_new">Imperial Manufacturing Ice Cold Coolers, Inc. v. Clifton Shannon, a/k/a Clif Shannon, et al.</a>
<P> A subcontractor asks this court to hold that the Little Miller Act provides it with a private right of action through which it can sue a school district for failing to ensure that the bonding requirements of the act were met. Because we can find no indication that the legislature intended to impose such liability on public entities, we affirm the superior court's decision. <P>II. FACTS A... More...
$0 (11-19-2004 - AK)<a href="http://www.state.ak.us/courts/ops/sp-5688.pdf" target="_new">Donnald R. Reynolds and Parris A. Reynolds v. The Sisco Group, Inc., et al.</a>
<P>Reynolds tried to execute on a money judgment against Sisson by seizing one of three vans Sisson had fraudulently transferred to a friend, Erickson, and by attaching funds owed by a third person, Frye, to whom Erickson had sold the other two vans after receiving them from Sisson. As Reynolds prepared to sell the seized van and either shortly before or after he attached the funds from the othe... More...
$0 (05-09-2003 - AK)<a href="http://www.state.ak.us/courts/ops/sp-5681.pdf" target="_new">Colleen Coughlin v. Government Employees Insurance Company (GEICO)</a>
<P>Colleen Coughlin received a $10,000 payment for medical expenses for injuries she sustained in a two-car accident. Her insurance company, by terms of the insurance policy, acquired a lien on any recovery Coughlin obtained from the other driver. Coughlin settled with the other driver's insurance company for $40,000 and assumption of responsibility for payment of the $10,000 for medical cover... More...
$0 (04-18-2003 - AK)<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A28DE0C65113158E88256C590053448D/$file/0135892.pdf?openelement" target="_new">North Slope Borough v. William Barstow, III, Trustee for the Bankruptcy Estate of MarkAir, Inc.</a>
North Slope Borough and the Municipality of Anchorage (Creditors) held tax liens on real property formerly owned by MarkAir, Inc., a Chapter 7 bankruptcy debtor. The Creditors seek part of the proceeds from a sale of that property by the debtor's estate. The Trustee of the estate, William Barstow, seeks to subordinate the Creditors' tax-lien claims entirely to the claims of priority unsecure... More...
$0 (10-23-2002 - AK)<a href="http://www.state.ak.us/courts/ops/sp-5628.pdf" target="_new">Nerox Power Systems, Inc., et al. v. M-B Contracting Company, Inc., et al.</a>
In April 1997 Nerox Power Systems, Inc. recorded two deeds of trust encumbering mining rights to the Jonesville coal mine in Sutton, for the purpose of securing repayment of debts to certain alleged creditors. At issue in this appeal is the superior court's decision to give other creditors lien priority over the deeds of trust under the doctrine of equitable subordination. A second issue conce... More...
$0 (09-13-2002 - AK)