MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO RECONSIDER ROBERT J. FARIS, Bankruptcy Judge. In this adversary proceeding, the bankruptcy trustee of a company that operated a Ponzi scheme seeks to recover money transferred to the defendants. The plaintiff filed a motion (docket no. 502) for partial summary judgment on December 9, 2011. Numerous defendants opposed the motion. On July 30, 2012, I issued a memorandum of decision and order (docket no. 944) granting in part the plaintiff's motion...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING BANK OF HAWAII'S MOTIONS FOR RELIEF FROM AUTOMATIC AND CODEBTOR STAYS LLOYD KING, Bankruptcy Judge. This cause came on for hearing before this Court on August 29, 2012 and September 19, 2012, the Honorable Judge Lloyd King presiding, pursuant to the Motion for Relief from Automatic Stay and Codebtor Stay, Doc. No. 21 (as to the first mortgage loan) and the Motion for Relief from Automatic and Codebtor Stays, Doc. No. 24 (as to the second...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING DEBTOR'S SECOND AMENDED PLAN OF REORGANIZATION DATED AS OF SEPTEMBER 24, 2012 ROBERT J. FARIS, Bankruptcy Judge. The hearing on confirming ("Confirmation Hearing") of the Debtor's First Amended Plan of Reorganization Dated as of July 20, 2012, which has been amended by the Debtor's Second Amended Plan of Reorganization Dated as of September 24, 2012 ("Plan") 1 , was held on September 17, 2012, at 9:30 a.m., before the...
MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS 2, 3, AND 4 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. The plaintiff filed a motion for partial summary judgment on December 9, 2011. Numerous defendants opposed the motion. At the hearing on the motion, on May 18, 2012, I permitted the parties to file supplemental...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RESPECTING CREDITOR FEDERAL LAND BANK ASSOCIATION OF HAWAII, FLCA'S MOTION FOR RELIEF FROM AUTOMATIC STAY (SHARES OF STOCK), FILED ON JUNE 22, 2012 LLOYD KING, Bankruptcy Judge. On June 22, 2012, Creditor FEDERAL LAND BANK ASSOCIATION OF HAWAII, FLCA ("FLB"), by and through its attorneys of record, filed its Motion for Relief From Automatic Stay (Shares of Stock) (the "Motion"). The Motion came on for hearing before the Honorable Lloyd King on July 18,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING DEBTOR'S FOURTH AMENDED PLAN OF REORGANIZATION DATED AS OF JUNE 29. 2012 ROBERT J. FANS, Bankruptcy Judge. The hearing on confirming ("Confirmation Hearing") of the Debtor's Third Amended Plan of Reorganization Dated as of April 24, 2012, which has been amended by the Debtor's Fourth Amended Plan of Reorganization Dated as of June 29, 2012 ("Plan") 1 , was held on May 14, 2012, at 9:30 a.m., before the Honorable Robert J....
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING DEBTOR'S FIRST AMENDED PLAN OF REORGANIZATION DATED AS OF MARCH 22, 2012 ROBERT J. FARIS, Bankruptcy Judge. The hearing on confirming ("Confirmation Hearing") of the Debtor's First Amended Plan of Reorganization Dated as of March 22, 2012 ("Plan"), was held on May 14, 2012, at 9:30 a.m., before the Honorable Robert J. Faris, United States Bankruptcy Judge for the District of Hawaii. Appearances were as noted in the record....
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER APPROVING (I) SALE OF DEBTOR'S PERSONAL PROPERTY FREE AND CLEAR OF LIENS, PURSUANT TO 11 U.S.C. 363; AND (II) ASSUMPTION AND ASSIGNMENT OF LEASES AND EXECUTORY CONTRACTS PURSUANT TO 11 U.S.C. 365 FILED HEREIN ON MARCH 29, 2012; EXHIBITS A-C ROBERT J. FARIS, Bankruptcy Judge. The Debtor's Motion for Order Approving and Confirming (I) Sale of Debtor's Personal Property Free and Clear of Liens, Pursuant to 11 U.S.C. 363; and (II)...
MEMORANDUM DECISION CONCERNING PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S IN PARI DELICTO DEFENSE LLOYD KING, Bankruptcy Judge. I. INTRODUCTION This is an adversary proceeding in bankruptcy. Fed. R. Bankr.P. 7001. Plaintiff is a litigation trustee, appointed pursuant to Debtor's confirmed chapter 11 plan of reorganization. Defendant is a former Vice President and Chief Information Officer, of Debtor. 1 Plaintiff seeks to avoid certain payments made by Debtor to Defendant and to recover from...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER APPROVING SALE OF DEBTOR'S INTEREST IN DERIVATIVE CLAIMS; EXHIBIT "A" ROBERT J. FARIS, Bankruptcy Judge. The Motion of Grove Farm Fish & Poi, LLC for entry of an order approving the Debtor's proposed sale of its interest in Derivative Claims came for hearing on February 14, 2012. This Court, having reviewed and considered (i) the Motion, the Declaration of Timothy E. Johns filed in support thereof, and the record in the case; (iii)...
MEMORANDUM OF DECISION ON CHAPTER 13 PLAN CONFIRMATION ROBERT J. HARRIS, Bankruptcy Judge. This case presents the question of whether a chapter 13 debtor's payments to unsecured creditors must increase when the debtors make their last payment on a secured auto loan. I conclude that the answer is yes, and therefore I will deny confirmation of the plan. Mr. and Mrs. Montiho's plan (dkt. no. 2) provides that they will continue to make their regular contractual payments of about $640 per month...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE BENEFICIAL FINANCIAL INC.'S MOTION FOR RELIEF FROM AUTOMATIC STAY LlOYD KING, Bankruptcy Judge. Beneficial Financial Inc. ("Creditor") filed its Motion for Relief from Automatic Stay on December 23, 2011 (the "Motion"). The Motion came on for hearing on January 18, 2012, at 1:30 p.m. before the Honorable Lloyd King. Derek Wong appeared for Creditor and Paul Sulla appeared for Debtor. No other party appeared at the hearing on the Motion. Based on the...
