Hawaii

Weisel v. Allegheny Power (In re Weisel)

Debtors' counsel filed a final fee application. The chapter 13 trustee filed an objection and the counsel filed a motion to withdraw the fee application.
Ruling: 
Fee application denied in absence of written fee agreement and given false statements by debtor's counsel that agreement existed.
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Consumer case opionion summary, case decided on January 09,2012, LexisNexis #0212-035

In re Ng

Movant, the U.S. Trustee (UST), asked the court to dismiss the bankruptcy filing by debtors, a married couple who filed a chapter 7 case, on the ground of abuse under 11 U.S.C.S. § 707(b)(3)(B).
Ruling: 
Case dismissed for abuse where elimination of unnecessary expensed would free up funds that could be used to pay unsecured creditors.
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Consumer case opionion summary, case decided on November 28,2011, LexisNexis #0112-026

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

A litigation trustee filed an adversary proceeding seeking to recover avoidable transfers pursuant to 11 U.S.C.S. §§ 547, 548, and 549. Defendant, a provider of global relocation services (provider), filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Avoidance claims were time-barred as assignment to litigation trustee did not trigger equitable tolling.
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Commercial case opionion summary, case decided on November 21,2011, LexisNexis #0112-022

In re Parsons

A chapter 7 trustee filed a motion for authority to settle the debtors' pre- petition claims against a creditor and its principal and to settle the creditor's claims against the estate. The debtors objected to the proposed settlement.
Ruling: 
Trustee's settlement of claims on which debtor was unlikely to prevail approved.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-103

In re Parsons

A chapter 7 trustee filed a motion for authority to settle the debtors' claims against a creditor and its president and to settle the creditor's claims against the estate.
Ruling: 
Trustee's settlement of debtor's claims against creditor and its president approved.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-104

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

Citing 11 U.S.C.S. § 544(b)(1) and the Hawaii Uniform Fraudulent Transfer Act, Haw. Rev. Stat. § 651C-4(a) (2009), plaintiff trustee brought an adversary proceeding to recover, as fraudulent, transfers made by debtor, an admitted Ponzi scheme operator, to defendant investors. Plaintiff also claimed that defendants were liable for the transfers per 11 U.S.C.S. § 550(a)(1). One issue was whether the suit was timely per Haw. Rev. Stat. § 651C-9(1).
Ruling: 
Transfers by debtor to investors pursuant to Ponzi scheme were avoidable as fraudulent.
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Commercial case opionion summary, case decided on November 14,2011, LexisNexis #1211-086

In re Bouley

After a debtor filed a chapter 13 petition despite the fact that his admitted debts far exceeded the maximum permitted for eligibility under 11 U.S.C.S. § 109(e), a creditor sought sanctions against both the debtor and his attorney under Fed. R. Bankr. P. 9011.
Ruling: 
Debtor and attorney sanctioned for filing chapter 13 petition despite fact that debtor was not eligible.
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Consumer case opionion summary, case decided on September 23,2011, LexisNexis #1111-138

Hawaii State Fed. Credit Union v. Upton-Edenfield (In re Upton-Edenfield)

Plaintiff creditor filed a motion for a default judgment in its action to determine that debt owed it by defendant Chapter 7 debtor was not discharged by the debtor's bankruptcy filing.
Ruling: 
Debt was nondischargeable due to materially false statements concerning income intended to induce creditor to extend loan.
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Consumer case opionion summary, case decided on August 30,2011, LexisNexis #1011-085

Querubin v. Ahia (In re Ahia)

Plaintiff creditor, the father and father-in-law of debtors, brought an adversary proceeding against defendant debtors, claiming that personal funds withdrawn from the creditor's personal accounts or charged to certain bank cards by the debtors were not dischargeable, pursuant to 11 U.S.C.S. § 523(a)(2) and (a)(4).
Ruling: 
Debtor's use of father's funds for own benefit, rather than stroke-victim father's needs, resulted in nondischargeable debt and hold harmless agreement.
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Consumer case opionion summary, case decided on June 28,2011, LexisNexis #0811-049

In re Jackola

Before the court was the Chapter 13 debtor's motion to extend the automatic stay. The decision concerned whether debtor was entitled to an extension of the automatic stay in this case, her second case pending in the last year, and, if the stay was not extended, to what extent the stay was terminated. A creditor opposed the motion.
Ruling: 
Extension of stay in debtor's second case in one year denied for lack of good faith due to lack of realistic hope of confirming plan.
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Consumer case opionion summary, case decided on June 22,2011, LexisNexis #0711-110

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