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District of hawaii

Hawaii v. Cabebe (In re Cabebe)

Ruling
Non-compensatory fines and penalties owed by debtor to state office of consumer protectionwere nondischargeable. (Bankr. D. Hawaii)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed to Governmental Unit.

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Consumer opinion summary, case decided on October 05, 2016 , LexisNexis #1116-021

In re Horowitz

Ruling
Confirmation denied and case dismissed as filed in bad faith to collaterally attack adversestate court judgment. (Bankr. D. Hawaii)
Issue(s)
Should confirmation of debtor’s third plan be denied on objections of creditor and trustee?

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Consumer opinion summary, case decided on September 16, 2016 , LexisNexis #1016-068

Horowitz v. Sulla (In re Horowitz)

Ruling
Removal of state court foreclosure action denied. (Bankr. D. Hawaii)
Issue(s)
Should bankruptcy court reconsider its dismissal of adversary proceeding due to addition of new federal claims.

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Consumer opinion summary, case decided on July 26, 2016 , LexisNexis #0816-086

Horowitz v. Sulla (In re Horowitz)

Ruling
Bankruptcy court abstained from hearing debtor’s non-core, non-bankruptcy law claims.
Issue(s)
Should the bankruptcy court abstain from hearing debtor’s state law real estate proceeding?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-025

Association of Apt. Owners of Canterbury Place v. 1910 Partners (In re 1910 Partners)

Ruling
Apartment owners’ association allowed an administrative expense for its post-petition professional fees.
Issue(s)
Was apartment owners’ association entitled to an administrative expense claim for postpetition professional fees?

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Commercial opinion summary, case decided on June 08, 2016 , LexisNexis #0716-008

Takazawa v. Higashi (In re Higashi)

Ruling
Debt to landlord was nondischargeable due to debtor’s forging spouse’s signature onpromissory note. (Bankr. D. Hawaii)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on June 07, 2016 , LexisNexis #1116-115

In re Blackhawk Corp.

Ruling
Creditors' claims in state court action barred by res judicata where same claims were allowed in bankruptcy case.
Issue(s)
Were creditors' claims in state court litigation barred by allowance of similar claims in debtor's bankruptcy case?

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Commercial opinion summary, case decided on May 26, 2016 , LexisNexis #0616-112

In re Ramirez

Ruling
Judicial lien avoided as impairing debtor's exemption in the subject property.
Issue(s)
Could judicial lien be avoided as impairing debtors' exemption?

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Consumer opinion summary, case decided on May 02, 2016 , LexisNexis #0516-121

In re Felipe

Ruling
Plan payments adjusted to accommodate increased condominium association fees although the association failed to disclose all required information in proof of claim.
Issue(s)
Whether creditor condominium association was entitled to relief from stay to pursue lien rights against debtors?

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Consumer opinion summary, case decided on April 22, 2016 , LexisNexis #0516-102

In re Solis

Ruling
Motor vehicle collateral valued with creditors bearing burden of proof.
Issue(s)
What was the replacement value of debtor's 2008 vehicle.

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Consumer opinion summary, case decided on April 15, 2016 , LexisNexis #0516-045