FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO TRUSTEE'S MOTION FOR AUTHORITY TO SETTLE DEBTORS' CLAIMS AGAINST PACIFIC SOURCES, INC., AND MARK MASON AND PACIFIC SOURCES', INC'S CLAIMS AGAINST THE ESTATE LLOYD KING, Bankruptcy Judge. The Trustee's Motion for Authority to Settle Debtors' Claims Against Pacific Sources, Inc., and Mark Mason and Pacific Sources', Inc.'s Claims Against the Estate filed on October 6, 2011, Dkt #230, came on for hearing before the Honorable Lloyd King on...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW RESPECTING PROPOSED STIPULATED NON-DISCHARGEABLE JUDGMENT IN FAVOR OF PLAINITFF DANE S. FIELD AND AGAINST DEFENDANT HOLLY L. HOAEAE; EXHIBITS "1" and "2" JAMES A. WAGNER, Bankruptcy Judge. PROPOSED FINDINGS OF FACTAND CONCLUSIONS OF LAW RESPECTING PROPOSED STIPULATED NON-DISCHARGEABLE JUDGMENT IN FAVOR OF PLAINITFF DANES. FIELD AND AGAINST DEFENDANT HOLLY L. HOAEAE On September 20, 2011, Dane S. Field, Trustee for the Debtor, The...
FINDINGS OF FACTAND CONCLUSIONS OF LAW RESPECTING PROPOSED STIPULATED NON-DISCHARGEABLE JUDGMENT IN FAVOR OF PLAINITFF DANE S. FIELD AND AGAINST DEFENDANT GEORGE W. LINDELL; EXHIBITS "1" and "2" FINDINGS OF FACT AND CONCLUSIONS OF LAW RESPECTING PROPOSED STIPULATED NON-DISCHARGEABLE JUDGMENT IN FAVOR OF PLAINITFF DANE S. FIELD AND AGAINST DEFENDANT GEORGE W. LINDELL ROBERT J. FARIS, Bankruptcy Judge. On September 20, 2011, Dane S. Field, Trustee for the Debtor, The Mortgage Store, Inc. ("...
FINDINGS OF FACT AND CONCLUSIONS OF LAW LLOYD KING, Bankruptcy Judge. Plaintiff SHULTS & TAMM, ALC'S Motion for Default Judgment against Defendant CHIRIT, LLC ("CHIRIT") came on for hearing on September 12, 2011. Christopher J. Muzzi, Esq. appeared on behalf of Plaintiff. No appearance was made by Defendant CHIRIT. I. FINDINGS OF FACT 1. On December 1, 2008 (the "Petition Date"), Hawaiian Telcom Communications, Inc., Hawaiian Telcom Holdco, Inc., Hawaiian Telcom, Inc., Hawaiian Telcom...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE FINANCE FACTORS, LIMITED'S MOTION FOR RELIEF FROM AUTOMATIC STAY LLOYD KING, Bankruptcy Judge. Secured Creditor Finance Factors, Limited's ("Finance Factors") motion for relief from automatic stay filed June 20, 2011 (the "Motion") came on for final hearing on August 31, 2011, at 1:30 p.m. before the Honorable Lloyd King. Theodore D. C. Young, Esq. appeared for Finance Factors and the Debtor Joan Bihn ("Debtor") was also present. No other party...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERT J. FARIS, Judge. Plaintiff HAWAII STATE FEDERAL CREDIT UNION'S ("HSFCU") Motion for Default Judgment Filed on April 28, 2011 came on for hearing before the Honorable Robert J. Faris on June 14, 2011 at 2:00 p.m. Jonathan W. Y. Lai, Esq. appeared on behalf of HSFCU; no other appearances were made. Pursuant to Rule 52(a) of the Federal Rules of Civil Procedure and Rule 7052 of the Federal Rules of Bankruptcy Procedure, the Court having heard and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO DANE S. FIELD, CHAPTER 7 TRUSTEE FOR WAIEHU AINA, LLC'S MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS ROBERT K. ARMITAGE, SR.; CHARMINE ARMITAGE; ROBERT K. ARMITAGE, JR.; NAMI KEKAUALUA ARMITAGE; HAYLEEANA ARMITAGE; HILEYSOHN ARMITAGE; HAVEN ARMITAGE; REANNON ARMITAGE; WAYNE K. ARMITAGE; DENISE ARMITAGE; RICKIE KA`AHA'AINA; STEVEN HEIME; ZACHARY KANOA; VALERIE SAROL; DOE DEFENDANTS 1-999 SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR VIOLATING...
MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S COUNTERMOTION FOR PARTIAL SUMMARY JUDGMENT Re: Docket Nos. 5, 10 ROBERT J. FARIS, Bankruptcy Judge. In this adversary proceeding, the chapter 7 trustee of a company that operated a Ponzi scheme seeks to recover money transferred to the defendants. On June 17, 2011, a hearing was held on the defendants' motion to dismiss and the plaintiff trustee's countermotion for partial summary judgment. 1. The complaint satisfies...
FINDINGS OF FACT AND CONCLUSIONS OF LAW LLOYD KING, Bankruptcy Judge Plaintiff SHULTS & TAMM, ALC'S Motion for Default Judgment against Defendant GIGANEWS, INC. came on for hearing on May 11, 2011. Christopher J. Muzzi, Esq. appeared on behalf of Plaintiff. No appearance was made by Defendant GIGANEWS, INC. ("GIGANEWS"). I. FINDINGS OF FACT 1. On December 1, 2008 (the "Petition Date"), Hawaiian Telcom Communications, Inc., Hawaiian Telcom Holdco, Inc., Hawaiian Telcom, Inc., Hawaiian...
SECOND AMENDED MEMORANDUM OF DECISION ON STATUTE OF LIMITATIONS ISSUES ROBERT J. FARIS, Bankruptcy Judge. On April 1, 2011, a hearing was held on motions to dismiss by certain defendants and countermotions for summary judgment by the plaintiff trustee. The motions primarily concern whether the trustee is entitled to recover alleged fraudulent transfers made more than four years before the bankruptcy filing. I took the matter under advisement and agreed to accept supplemental memoranda on one...
FINDINGS OF FACT; CONCLUSIONS OF LAW; AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT CHERYL MCDERMOTT Honorable ROBERT J. FARIS, Judge. This cause came on for hearing before this Court on February 11, 2011, the Honorable Judge Robert J. Faris presiding, pursuant to Plaintiff's Motion for Summary Judgment Against Defendant Cheryl Mcdermott filed herein by Plaintiff DANE S. FIELD ("Plaintiff"), Trustee of the Bankruptcy Estate of MARSHALL MINDORO and MELINA...