IN RE VENTURE MORTGAGE FUND, L.P.

Bankruptcy Nos. 96 B 45033(SMB), 96 B 42902(SMB), 96 B 43969(SMB), 96 B 46282(SMB).

245 B.R. 460 (2000)

In re VENTURE MORTGAGE FUND, L.P., Debtor. In re David Schick, Venture Mortgage Corp., and A & D Trading Group, L.L.C., Debtors.

United States Bankruptcy Court, S.D. New York.

March 2, 2000.


Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, LLP, New York City, Eliot Lauer, Steve J. Reisman, Paul R. Niehaus, of Counsel, for John F. Schmutz, Chapter 11 Trustee for the Estate of Venture Mortgage Fund, L.P.

Parker Chapin Flattau & Klimpl, LLP, New York City, Amos Alter, of Counsel, for Aurora Cassirer, as Chapter 11 Trustee for the Estate of David Schick and Venture Mortgage Corp.

Law Office of Charles L. Mester, New York City, Charles L. Mester, of Counsel, for Theodore Brodie.

Robinson Brog Leinwand Reich Genovese & Gluck, P.C., New York City, Christine H. Black, of Counsel, Zane & Rudofsky, New York City, Eric Horowitz, Of Counsel, for ATTASCO.

Berlack, Israels & Liberman LLP, New York City, Martin S. Siegel, of Counsel, for Official Committee of Unsecured Creditors.


MEMORANDUM DECISION SUSTAINING TRUSTEES' OBJECTIONS TO CLAIMS ON GROUNDS OF USURY

STUART M. BERNSTEIN, Chief Judge.

These proceedings concern the defense of criminal usury. Two creditors, Theodore Brodie and ATTASCO, independently advanced substantial sums to the debtor Venture Mortgage Fund L.P. ("Venture"), and the debtor David Schick either guaranteed repayment or co-signed the promissory notes. Their loans bore interest at the annual rate...

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