Hall v. TWS, Inc.

Summary

The Alaska Supreme Court affirmed a judgment holding that Joe B. Hall and Raymond Moore's mining partnership was dissolved when Hall filed for bankruptcy in 1993 and that no new partnership was subsequently formed. The court concluded that the mining claims were therefore held as tenants in common, allowing TWS, Inc. to foreclose on Moore's interest to satisfy a judgment. The court also upheld the award of attorney's fees and costs to TWS.

Holdings

1. The superior court did not clearly err in finding that Hall and Moore formed an oral mining partnership in 1990 when they acquired the Marshall Dome claims.
2. Hall's filing for bankruptcy dissolved the Golden Slipper II partnership by operation of law in 1993.
3. Hall waived his argument that the existing partnership continued after bankruptcy, and the evidence did not establish that Hall and Moore formed a new partnership after 1993.
4. Because the partnership dissolved and no new partnership was formed, Hall and Moore held the claims as tenants in common, permitting TWS to foreclose directly on Moore's interest.
5. The superior court properly awarded attorney's fees and costs to TWS.

Questions Presented

1. Whether Hall and Moore formed a mining partnership in 1990.
2. Whether Hall's 1993 bankruptcy dissolved the partnership by operation of law.
3. Whether Hall and Moore formed a new partnership after the 1993 dissolution or continued the former partnership.
4. Whether the mining claims were consequently held as tenants in common and Moore's interest could be foreclosed upon by TWS.
5. Whether the superior court properly awarded TWS attorney's fees and costs.

Disposition

affirmed