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District of hawaii

In re Lull

Mar
25
2008
Ruling
Debt held nondischargeable due to debtor's misrepresentation of property ownership.
Procedural posture

Plaintiff, a creditor of defendant chapter 7 debtor, filed a motion for a default judgment against the debtor in the creditor's action, which alleged that its claims against the debtor were not dischargeable in bankruptcy pursuant to 11 U.S.C.S. § 523(a)(2)(A), § 523(a)(2)(B), and § 523(a)(6).

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Consumer opinion summary, case decided on March 25, 2008 , LexisNexis #0508-046
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Kotoshirodo v. Uldricks (In re Lull)

Nov
21
2007
Ruling
Mortgage not subject to avoidance where loan and perfection were contemporaneous in absence of fraud.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants seeking to avoid security and ownership interests as preferential under 11 U.S.C. § 547. One of the defendants, a creditor organized as a revocable trust (creditor), held a mortgage. The creditor moved for partial summary judgment.

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Consumer opinion summary, case decided on November 21, 2007 , LexisNexis #0108-009
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Connor v. Countrywide Bank (In re Connor)

Apr
02
2007
Ruling
Creditor's monthly statements did not violate stay during chapter 13 case but did violate stay after conversion to chapter 7.
Procedural posture

After plaintiff debtor filed a complaint alleging violations of 11 U.S.C. § 362(a)(6), the court partially granted defendant creditor's motion to dismiss, finding that the complaint did state a claim as to a letter sent to the debtor but that monthly statements sent to the debtor did not constitute stay violations. The debtor filed a motion for reconsideration.

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opinion summary, case decided on April 02, 2007 , LexisNexis #0907-001
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Waialeale v. Office of the Commander in Chief for the United States of America (In re Trans Hawaiian Servs.)

Mar
01
2007
Ruling
Bankrutpcy court lacked jurisdiction over adversary proceeding alleging claims agains the President of the United States and Secretary of State not arising under Title 11 or relating to debtor's bankruptcy.
Procedural posture

Plaintiff claimant, appearing pro se, brought an adversary proceeding in which he filed a "Motion for Injunctive Relief and an Order Granting Claims for Relief, for Fraud by the Court." The debtor in the underlying case was an airline company. Also named as defendants were President George W. Bush and Secretary of State Condoleezza Rice, neither of whom appeared.

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opinion summary, case decided on March 01, 2007 , LexisNexis #0407-140
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In re Hawaiian Airlines

Oct
03
2006
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
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In re Kimsel

Aug
16
2006
Ruling
Foreclosure sale on filing date did not create exigent circumstances sufficient to justify waiver of credit counseling requirement.
Procedural posture

A debtor requested a waiver, based on exigent circumstances, of the requirement in 11 U.S.C. § 109(h) that he obtain credit counseling prior to the filing of his chapter 13 bankruptcy petition. The debtor requested an additional 30 days in which to obtain the counseling.

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opinion summary, case decided on August 16, 2006 , LexisNexis #0906-106
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Hawaiian Airlines v. Mesa Air Group

Jul
31
2006
Ruling
Debtor airline's proceedings against competitor for breach of confidentiality agreement and turnover of property were core proceedings.
Procedural posture

Pursuant to 28 U.S.C. § 157(d), defendant competitor filed a motion to withdraw the reference of the lawsuit to the Bankruptcy Court for the District of Hawaii. The lawsuit, a bankruptcy adversary proceeding, was brought by plaintiff airline, a chapter 11 debtor, that alleged that the competitor breached a confidentiality agreement entered into in connection with the bankruptcy reorganization.

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opinion summary, case decided on July 31, 2006 , LexisNexis #1206-102
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