Judge Faris

Lyndon, In re--Lyndon v. SEC

Ruling: 
Civil penalty debt was independently excepted from discharge. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-071

Hamilton, In re--Hamilton v. Elite of L.A., Inc.

Ruling: 
Court ruled that judgment was nondischargeable where the willful injury requirement was properly construed. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 17,2018, LexisNexis #0518-099

Kaanapali Tours, LLC, In re

Ruling: 
Involuntary case dismissed where court deemed that petitioning creditors were not qualified petitioning creditors as their claims were subject to a bona fide dispute. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on February 12,2018, LexisNexis #0318-091

Eutsler, In re--Carruth v. Eutsler

Ruling: 
Bankruptcy court did not err in denying the motion for relief as there were no extraordinary circumstances that would have warranted relief . (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 27,2017, LexisNexis #0218-060

Cuzco Dev. U.S.A., LLC, In re--Cuzco Dev. U.S.A., LLC v. Yedang Entm't USA, Inc.

Ruling: 
Backdating of notes does not invalidate the borrower's liability or the holder's ability toenforce the notes according to its terms. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on October 20,2017, LexisNexis #1117-098

Hanawahine, In re

Ruling: 
Business that the debtors found online was ordered to disgorge the payment it received from the debtors for not providing the services it promised to provide. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on September 21,2017, LexisNexis #1017-105

Maui Indus. Loan & Fin. Co., In re

Ruling: 
Court ordered that all timely claims be paid first before untimely-filed claims of investors. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on September 07,2017, LexisNexis #1017-047

M.P.I. Ltd., In re

Ruling: 
Case was dismissed as debtor filed a plan which grossly failed to meet the requirements of achapter 12 bankruptcy. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on August 17,2017, LexisNexis #0917-084

Price, In re--Kane v. Coulson

Ruling: 
Payment on a pre-existing judgment against debtors deemed as an avoidable preference.(Bankr. D. Haw.)
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Consumer case opionion summary, case decided on August 17,2017, LexisNexis #0917-077

Cuzco Dev. U.S.A., LLC, In re

Ruling: 
Plan confirmed despite the dissenting vote of Class 5 claims because the amended planprovided payment in full of allowed claims of holders of general unsecured claims in Class5. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on July 10,2017, LexisNexis #0817-081

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