Hawaii

Furuto v. Lewenilovo (In re Lewenilovo)

Plaintiff landlords filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that the debtors owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Debtor's willful and intentional damage to landlord's property resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1212-084

In re Marques

Secured creditors filed motions for relief from the automatic and a codebtor's stays.
Ruling: 
Debtor was ineligible under chapter 13 due to debts in excess of threshold limits.
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Consumer case opionion summary, case decided on September 19,2012, LexisNexis #1112-073

Field v. Estate of Kepoikai (In re Maui Indus. Loan & Fin. Co.)

Chapter 7 trustee filed a complaint against transferees seeking to recover money transferred to the defendants. The trustee sought partial summary judgment on his claims that the transfers to defendants were fraudulent under 11 U.S.C.S. § 544(b)(1) and the Hawaii Uniform Fraudulent Transfer Act, Haw. Rev. Stat. § 651C-4(a) (2009). The trustee further contended that defendants were liable under 11 U.S.C.S. § 550(a)(1).
Ruling: 
Transfers by debtor Ponzi scheme operator to trust, and from trust to successor trustee and beneficiaries could be avoided.
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Commercial case opionion summary, case decided on July 30,2012, LexisNexis #0812-087

In re M Waikiki LLC

Debtor, a Hawaii limited liability company, filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor-in-possession, The debtor and a family trust that loaned money to the debtor filed a Fifth Amended Joint Plan of Reorganization and asked the court to confirm their plan.
Ruling: 
Plan of debtor hotel operator providing for reorganization, preservation of jobs and payment of allowed claims confirmed.
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Commercial case opionion summary, case decided on July 10,2012, LexisNexis #0812-063

Duncan v. Lum (In re Lum)

Creditors commenced an adversary proceeding seeking denial of chapter 7 debtors' discharge under 11 U.S.C.S. § 727 and filed a motion for summary judgment.
Ruling: 
Discharge denied due to pattern of falsity demonstrating fraudulent intent.
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Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0412-093

Field v. Baldwin (In re Baldwin)

The Chapter 7 trustee for a mortgage company sued for a determination that a debt owed to the mortgage company by debtors, the daughter and son-in-law of the mortgage company's ex-president, was nondischargeable per 11 U.S.C.S. § 523. At issue was whether debtors obtained a loan from the company without any intention to repay the same.
Ruling: 
Debt was nondischargeable where evidence showed debtors did not intend to repay loan and fabricated testimony.
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Consumer case opionion summary, case decided on March 15,2012, LexisNexis #0412-083

In re Montiho

Bankruptcy debtors proposed a chapter 13 plan which provided for continued payment of loans secured by the debtors' vehicles, which loans would be paid in full in a few months, and payments to the bankruptcy trustee for distribution to unsecured creditors. A creditor objected to confirmation of the debtors' plan.
Ruling: 
Confirmation denied due to failure to increase plan payments after vehicle loan was paid off.
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Consumer case opionion summary, case decided on February 10,2012, LexisNexis #0312-029

In re Hanog

A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
Ruling: 
Relief from stay granted to mortgagee that had foreclosed on debtor's former property and taken title prior to petition date.
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Consumer case opionion summary, case decided on January 30,2012, LexisNexis #0212-110

Shults & Tamm v. Brown (In re Hawaiian Telcom Communs. Inc.)

Plaintiff litigation trustee filed an adversary proceeding against defendant, a former employee of the debtors, to recover allegedly avoidable transfers. The parties filed motions for summary judgment as to the count which sought to avoid postpetition severance payments to defendant under 11 U.S.C.S. § 549.
Ruling: 
Postpetition severance payments to debtor's former employee were avoidable as agreement was not executory, was not assumed and payments were not made in ordinary course of business.
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Commercial case opionion summary, case decided on January 30,2012, LexisNexis #0212-128

Jorgensen v. Educational Credit Mgmt. Corp. (In re Jorgensen)

Chapter 7 debtor filed a complaint against defendant student loan creditor seeking a determination that her student loan debt was dischargeable pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Cancer patient who attempted in good faith to repay granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-014

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