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District of hawaii

Opperwall, In re--Opperwall v. Bank of Am., N.A.

Ruling
Court recommended an order denying the in forma pauperis application and requiringpayment of the fee as plaintiff can afford to pay the $350 filing fee. (Bankr. D. Haw.)
Issue(s)
Proceedings in forma pauperis.

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Consumer opinion summary, case decided on September 26, 2018 , LexisNexis #0119-029

Cuzco Dev. U.S.A., LLC, In re--Tera Res. Co. v. Lee

Ruling
Abstention was not warranted as some of the most important claims in the adversary proceeding "arise under" the bankruptcy code or "arose in" debtor's chapter 11 case. (Bankr. D. Haw.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on August 27, 2018 , LexisNexis #1018-058

Lyndon, In re--Lyndon v. SEC

Ruling
Civil penalty debt was independently excepted from discharge. (Bankr. D. Haw.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.

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Consumer opinion summary, case decided on June 13, 2018 , LexisNexis #0718-071

Hamilton, In re--Hamilton v. Elite of L.A., Inc.

Ruling
Court ruled that judgment was nondischargeable where the willful injury requirement was properly construed. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 17, 2018 , LexisNexis #0518-099

Kaanapali Tours, LLC, In re

Ruling
Involuntary case dismissed where court deemed that petitioning creditors were not qualified petitioning creditors as their claims were subject to a bona fide dispute. (Bankr. D. Haw.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on February 12, 2018 , LexisNexis #0318-091

Koki, In re

Ruling
Confirmation of debtors' plans will be denied unless they amend their schedules of exemptproperty in a way that conforms with the trustee's objection. (Bankr. D. Haw.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on February 09, 2018 , LexisNexis #0318-082

Eutsler, In re--Carruth v. Eutsler

Ruling
Bankruptcy court did not err in denying the motion for relief as there were no extraordinary circumstances that would have warranted relief . (B.A.P. 9th Cir.)
Issue(s)
Relief From Judgment or Order.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 27, 2017 , LexisNexis #0218-060

Cuzco Dev. U.S.A., LLC, In re--Cuzco Dev. U.S.A., LLC v. Yedang Entm't USA, Inc.

Ruling
Backdating of notes does not invalidate the borrower's liability or the holder's ability toenforce the notes according to its terms. (Bankr. D. Haw.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on October 20, 2017 , LexisNexis #1117-098

Hanawahine, In re

Ruling
Business that the debtors found online was ordered to disgorge the payment it received from the debtors for not providing the services it promised to provide. (Bankr. D. Haw.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Failure to Provide Promised Service.

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Consumer opinion summary, case decided on September 21, 2017 , LexisNexis #1017-105

Maui Indus. Loan & Fin. Co., In re

Ruling
Court ordered that all timely claims be paid first before untimely-filed claims of investors. (Bankr. D. Haw.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured Claims; Tardily Filed Proof of Claim.

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Commercial opinion summary, case decided on September 07, 2017 , LexisNexis #1017-047