Hawaii

In re Mullivai

Ruling: 
Relief from stay to conclude eviction action granted due to bad faith filing concerning a two party dispute.
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Consumer case opionion summary, case decided on July 30,2013, LexisNexis #0813-078

Field v. Henshaw (In re Henshaw)

Chapter 7 trustee filed a complaint against co-owners (the parents of one of the debtors) seeking authority to sell the estate's one-half interest in certain property, together with the co-owners' interests, pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment.
Ruling: 
Trustee could sell estate's one half interest in property together with co-owner's interest.
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Consumer case opionion summary, case decided on July 10,2013, LexisNexis #0813-048

In re Rosa

Debtor's chapter 13 plan provided that title to certain real property would be vested in the first mortgagee pursuant to 11 U.S.C.S. § 1322(b)(9). The standing trustee objected.
Ruling: 
Plan vesting property in first mortgagee could be confirmed where mortgagee received proper notice and did not object.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-029

In re Moragne

In this chapter 7 action, the trustee filed a motion to disgorge attorneys' fees pursuant to 11 U.S.C.S. § 329(b).
Ruling: 
Attorneys' fees disgorged due to failure to file or upload amended matrix.
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Consumer case opionion summary, case decided on July 02,2013, LexisNexis #0713-108

In re Kanohokula

After a condominium association attempted to collect a special assessment from chapter 7 debtors, the debtors filed a motion for sanctions for automatic stay violations.
Ruling: 
Condominium association willfully violated stay by demanding payment.
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Consumer case opionion summary, case decided on April 02,2013, LexisNexis #0413-110

Kekauoha-Alisa v. Ameriquest Mortg. Co. (In re Kekauoha-Alisa)

Chapter 7 debtor filed an adversary proceeding against lenders. The bankruptcy court entered orders in the case, and the lenders asked the court to certify its recent and future orders for direct appeal to the court of appeals pursuant to 28 U.S.C.S. § 158(d)(2).
Ruling: 
Lenders' motion for direct appeal denied in case filed prior to effective date of BAPCPA.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-140

In re Vogelgesang

This was a contested matter in bankruptcy,. Fed. R. Bankr. P. 9014. Two creditors filed a motion to enlarge the time in which to file a complaint objecting to discharge under 11 U.S.C.S. § 523(c). Debtors opposed the motion.
Ruling: 
Extension of time to file nondischargeability proceeding granted due to creditor's recent awareness of trustee's fraudulent transfer and preference investigations.
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Consumer case opionion summary, case decided on February 27,2013, LexisNexis #0413-017

In re Grisham

Chapter 13 debtor filed a motion for sanctions based on alleged violations of the automatic stay of 11 U.S.C.S. § 362 by a condominium association.
Ruling: 
Condominium association's cutting off of electrical service to debtor's unit violated stay.
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Consumer case opionion summary, case decided on February 04,2013, LexisNexis #0213-108

Field v. Decoite (In re Maui Indus. Loan & Fin. Co.)

In this adversary proceeding, plaintiff chapter 7 trustee of a company that operated a Ponzi scheme sought to recover money transferred to defendants. The trustee filed a motion for partial summary judgment against one of the defendants for liability under 11 U.S.C.S. §§ 544(b)(1) and 550(a)(1), and the Hawaii Uniform Fraudulent Transfer Act, Haw. Rev. Stat. § 651C-4(a) (2009).
Ruling: 
Transfer by debtor Ponzi scheme operator could be avoided as knowledge of scheme was imputed to transferee.
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Commercial case opionion summary, case decided on January 24,2013, LexisNexis #0213-127

Field v. Lindell (In re Mortgage Store Inc.)

After the court ruled that a transfer was fraudulent under both the Bankruptcy Code and state law, it found that unresolved questions of fact precluded a finding that plaintiff, a chapter 7 trustee, could recover the transfer pursuant to 11 U.S.C.S. § 550(a) from defendant transferee. The trustee filed a supplemental motion for summary judgment regarding the transferee's status as an initial or subsequent transferee.
Ruling: 
Debtor's sole principal and president who performed under purchase agreement and exercised dominion over funds was an initial transferee.
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Commercial case opionion summary, case decided on September 27,2012, LexisNexis #1212-055

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