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In re Hawaiian Airlines

In re Hawaiian Airlines

Ruling
Discharge injunction modified to allow personal injury action by creditor who was not given proper notice of need to file proof of claim.
Procedural posture

Claimant individual sought relief from a discharge injunction to pursue his postpetition, pre-confirmation claim against the debtor. The individual also sought leave to file a claim against the debtor to preserve his right to collect any deficiency which remained unsatisfied by the debtor's liabilities carriers, through the claims administration process, or to seek declaratory relief on the nonapplication of the discharge injunction.

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opinion summary, case decided on October 03, 2006 , LexisNexis #1106-094