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Judge Faris

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

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

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