Hawaii

Schneiderman v. Taketa (In re Taketa)

Complaint of plaintiff, a victim in a contracting matter, asserted that the debt owed by defendant debtor to her was not dischargeable in bankruptcy based on 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4), and 523(a)(6). A decision in the matter was pending following trial.
Ruling: 
Lack of license was not grounds for nondischargeability of homeowner's claim against debtor contractor.
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Consumer case opionion summary, case decided on November 23,2009, LexisNexis #0310-013

In re Pomare Ltd.

Chapter 11 debtor's Plan of Reorganization came before the court for a hearing on confirmation.
Ruling: 
Plan funded by loan to debtor in possession as well as capital contribution confirmed.
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Commercial case opionion summary, case decided on September 14,2009, LexisNexis #1209-022

Konop v. Hawaiian Airlines Inc. (In re Hawaiian Airlines Inc.)

The Bankruptcy Court for the District of Hawaii held on November 24, 2008, that appellant pilot had violated the Confirmation Order, and ordered dismissal of the claims that he had commenced against appellee debtor airline. The bankruptcy court also imposed sanctions against him. He appealed the bankruptcy court's Order. He also requested judicial notice of two letters relating to arbitration proceedings.
Ruling: 
Sanctions against pilot for violating confirmation order in employer's case upheld.
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Commercial case opionion summary, case decided on April 08,2009, LexisNexis #0509-100

In re Aloha Airlines Inc.

A chapter 7 trustee filed an emergency motion for the entry of an order confirming the sale of the debtors' air cargo assets pursuant to 11 U.S.C.S. § 363 free and clear of liens, claims, encumbrances, and interests, and approving the assumption and assignment of certain executory contracts under 11 U.S.C.S. § 365.
Ruling: 
Emergency motion for confirmation of sale of debtor airline's cargo assets free and clear granted.
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Commercial case opionion summary, case decided on May 13,2008, LexisNexis #0708-004

In re Haugen

A Chapter 7 trustee filed his final report and compensation application, to which the debtor and the United States Trustee filed objections. The debtor filed a motion for an order to show cause, which sought sanctions against the trustee and other relief.
Ruling: 
Trustee's compensation reduced due to unexcused delays and other failures.
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Consumer case opionion summary, case decided on May 06,2008, LexisNexis #0608-139

Pheasant v. Lull (In re Lull)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C.S. § 523.
Ruling: 
Debt based on funds invested with debtor which debtor falsely claimed was secured by three mortgages was nondischargeable.
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Commercial case opionion summary, case decided on April 30,2008, LexisNexis #0608-076

In re Lull

Plaintiff, a creditor of defendant chapter 7 debtor, filed a motion for a default judgment against the debtor in the creditor's action, which alleged that its claims against the debtor were not dischargeable in bankruptcy pursuant to 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(2)(B), and § 523(a)(6).
Ruling: 
Debt held nondischargeable due to debtor's misrepresentation of property ownership.
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Consumer case opionion summary, case decided on March 25,2008, LexisNexis #0508-046

Kotoshirodo v. Uldricks (In re Lull)

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants seeking to avoid security and ownership interests as preferential under 11 U.S.C. § 547. One of the defendants, a creditor organized as a revocable trust (creditor), held a mortgage. The creditor moved for partial summary judgment.
Ruling: 
Mortgage not subject to avoidance where loan and perfection were contemporaneous in absence of fraud.
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Consumer case opionion summary, case decided on November 21,2007, LexisNexis #0108-009

Connor v. Countrywide Bank (In re Connor)

After plaintiff debtor filed a complaint alleging violations of 11 U.S.C. § 362(a)(6), the court partially granted defendant creditor's motion to dismiss, finding that the complaint did state a claim as to a letter sent to the debtor but that monthly statements sent to the debtor did not constitute stay violations. The debtor filed a motion for reconsideration.
Ruling: 
Creditor's monthly statements did not violate stay during chapter 13 case but did violate stay after conversion to chapter 7.
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Waialeale v. Office of the Commander in Chief for the United States of America (In re Trans Hawaiian Servs.)

Plaintiff claimant, appearing pro se, brought an adversary proceeding in which he filed a "Motion for Injunctive Relief and an Order Granting Claims for Relief, for Fraud by the Court." The debtor in the underlying case was an airline company. Also named as defendants were President George W. Bush and Secretary of State Condoleezza Rice, neither of whom appeared.
Ruling: 
Bankrutpcy court lacked jurisdiction over adversary proceeding alleging claims agains the President of the United States and Secretary of State not arising under Title 11 or relating to debtor's bankruptcy.
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