- 11 U.S.C.
In re Kanohokula
Apr
02
2013
Ruling
Condominium association willfully violated stay by demanding payment.
Procedural posture
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.
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Court
:
- 28 U.S.C.
Kekauoha-Alisa v. Ameriquest Mortg. Co. (In re Kekauoha-Alisa)
Mar
06
2013
Ruling
Lenders' motion for direct appeal denied in case filed prior to effective date of BAPCPA.
Procedural posture
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).
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Court
:
In re Vogelgesang
Feb
27
2013
Ruling
Extension of time to file nondischargeability proceeding granted due to creditor's recent awareness of trustee's fraudulent transfer and preference investigations.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Grisham
Feb
04
2013
Ruling
Condominium association's cutting off of electrical service to debtor's unit violated stay.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Field v. Decoite (In re Maui Indus. Loan & Fin. Co.)
Jan
24
2013
Ruling
Transfer by debtor Ponzi scheme operator could be avoided as knowledge of scheme was imputed to transferee.
Procedural posture
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).
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Court
:
Field v. Lindell (In re Mortgage Store Inc.)
Sep
27
2012
Ruling
Debtor's sole principal and president who performed under purchase agreement and exercised dominion over funds was an initial transferee.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Furuto v. Lewenilovo (In re Lewenilovo)
Sep
25
2012
Ruling
Debtor's willful and intentional damage to landlord's property resulted in nondischargeable debt.
Procedural posture
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.
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Court
:
In re Marques
Sep
19
2012
Ruling
Debtor was ineligible under chapter 13 due to debts in excess of threshold limits.
Procedural posture
Secured creditors filed motions for relief from the automatic and a codebtor's stays.
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Court
:
- 11 U.S.C.
Field v. Estate of Kepoikai (In re Maui Indus. Loan & Fin. Co.)
Jul
30
2012
Ruling
Transfers by debtor Ponzi scheme operator to trust, and from trust to successor trustee and beneficiaries could be avoided.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re M Waikiki LLC
Jul
10
2012
Ruling
Plan of debtor hotel operator providing for reorganization, preservation of jobs and payment of allowed claims confirmed.
Procedural posture
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.
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Court
: