Hawaii

In re Hawaiian Airlines

Claimant individual sought relief from a discharge injunction to pursue his postpetition, pre-confirmation claim against the debtor. The individual also sought leave to file a claim against the debtor to preserve his right to collect any deficiency which remained unsatisfied by the debtor's liabilities carriers, through the claims administration process, or to seek declaratory relief on the nonapplication of the discharge injunction.
Ruling: 
Discharge injunction modified to allow personal injury action by creditor who was not given proper notice of need to file proof of claim.
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In re Kimsel

A debtor requested a waiver, based on exigent circumstances, of the requirement in 11 U.S.C. § 109(h) that he obtain credit counseling prior to the filing of his chapter 13 bankruptcy petition. The debtor requested an additional 30 days in which to obtain the counseling.
Ruling: 
Foreclosure sale on filing date did not create exigent circumstances sufficient to justify waiver of credit counseling requirement.
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Hawaiian Airlines v. Mesa Air Group

Pursuant to 28 U.S.C. § 157(d), defendant competitor filed a motion to withdraw the reference of the lawsuit to the Bankruptcy Court for the District of Hawaii. The lawsuit, a bankruptcy adversary proceeding, was brought by plaintiff airline, a chapter 11 debtor, that alleged that the competitor breached a confidentiality agreement entered into in connection with the bankruptcy reorganization.
Ruling: 
Debtor airline's proceedings against competitor for breach of confidentiality agreement and turnover of property were core proceedings.
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