(a) If the debtor defaults upon a note for which a limited entry permit has been pledged as security under Alaska Stat. § 16.10.333 or 16.10.338, the commissioner shall provide the debtor, by both certified and first class mail sent to the debtor’s last known address on file with the commissioner, with a notice of default that includes

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Terms Used In Alaska Statutes 16.10.335

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • writing: includes printing. See Alaska Statutes 01.10.060
(1) a description of the security given for the note including the number assigned to the pledged permit by the commission;
(2) the date upon which the default occurred;
(3) the amount of the debtor’s outstanding principal and interest as of the date of the default notice, the total amount remaining on the note less unearned interest, and the amount of daily interest;
(4) a statement that the debtor may, within 15 days after the postmark date of the notice, request a hearing to submit evidence showing the debtor has not defaulted;
(5) a statement that the note may be reinstated if it is brought current within 120 days after the postmark date of the notice;
(6) a statement that, under Alaska Stat. § 16.10.310(a)(4), the debtor may reinstate the note by submitting to the commissioner a plan of repayment if the commissioner accepts the debtor’s plan of repayment;
(7) the place where reinstatement of the note or payment in full may be made; and
(8) a notice in at least 10-point bold type stating: IMPORTANT: YOUR FAILURE TO REINSTATE OR PAY THIS NOTE IN FULL BY THE DATE SPECIFIED WILL RESULT IN A FORFEITURE OF ALL RIGHTS TO THE PERMIT AND THE POSSIBILITY OF LEGAL ACTION BEING INSTITUTED AGAINST YOU.
(b) In each case of a limited entry permit being pledged as security under Alaska Stat. § 16.10.333 or 16.10.338, the debtor shall maintain on file with the department an address where notice of default is to be sent, if necessary, and where that notice will be timely received by the debtor.
(c) Upon presentation of evidence of mailing in accordance with (a) of this section, the receipt of the notice of default by the debtor will be presumed for all purposes. This presumption is rebuttable by presentation of evidence sufficient to demonstrate lack of receipt of notice through no fault of the debtor. Upon presentation of evidence sufficient to prove lack of receipt of notice through no fault of the debtor, the notice is a nullity.
(d) If requested by the debtor, the commissioner may waive any of the time limits in (a) of this section for a period not to exceed 60 days if

(1) the debtor demonstrates good cause for the waiver; and
(2) the commissioner sets out in writing the reasons for approving the waiver.
(e) Except as otherwise provided in (c) and (d) of this section, if the debtor fails to reinstate or satisfy the note within the time specified in (a)(5) of this section, the debtor’s interest in the permit is terminated by operation of law without further notice.
(f) Notwithstanding (a) of this section, when a debtor files bankruptcy, the debtor’s interest in the limited entry permit is terminated by operation of law without further notice as of the date that the automatic stay issued in the bankruptcy is no longer in effect, unless the debtor has reaffirmed the debt.
(g) If a limited entry permit that has been pledged as security under Alaska Stat. § 16.10.333 or 16.10.338 is revoked under Alaska Stat. § 16.43.970, the debtor’s interest in the permit is terminated by operation of law without further notice as of the date that the revocation takes effect.
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