Judge Faris

Cordero, In re

Ruling: 
Combined plan of reorganization confirmed where trustee proposed the plan in good faith. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on July 16,2020, LexisNexis #0820-094

Berkley, In re--Berkley v. Burchard

Ruling: 
Bankruptcy court did not abuse its discretion in granting trustee's motion to modify theconfirmed plan to increase payments to unsecured creditors. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-047

Moser, In re--Sterling-Pacific Lending, Inc. v. Moser

Ruling: 
Bankruptcy appellate panel remanded for entry of a judgment in favor of the creditor as therewas no dispute that the discharge injunction did not apply to the claims in creditor's alter egocomplaint. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 15,2020, LexisNexis #0620-038

Black, In re--Black v. Leavitt

Ruling: 
Bankruptcy court erred in confirming modified plan requiring debtor to turn over to trusteeany excess in sale proceeds specified in the original plan. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 31,2019, LexisNexis #0220-048

Younessi, In re--Diamond Enters., LP v. Younessi

Ruling: 
Complaint seeking revocation of discharge was not untimely as the bankruptcy court’smodification order reset the filing deadline. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 20,2019, LexisNexis #0919-019

Opperwall, In re--Opperwall v. Bank of Am., N.A.

Ruling: 
Court recommended an order denying the in forma pauperis application and requiringpayment of the fee as plaintiff can afford to pay the $350 filing fee. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #0119-029

De Jesus Gomez, In re--Aldana v. Stadtmueller

Ruling: 
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 25,2018, LexisNexis #0119-009

Naturescape Holding Grp., Int'l, Inc., In re--GemCap Lending I, LLC v. Bateman

Ruling: 
Money judgment and attorneys' fees deemed nondischargeable due to debtor's participation in the diversion of creditor's cash collateral. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-071

Cuzco Dev. U.S.A., LLC, In re--Tera Res. Co. v. Lee

Ruling: 
Abstention was not warranted as some of the most important claims in the adversary proceeding "arise under" the bankruptcy code or "arose in" debtor's chapter 11 case. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on August 27,2018, LexisNexis #1018-058

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

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