MEMORANDUM OF DECISION ON MOTION TO DISMISS ROBERT J. FARIS , Bankruptcy Judge . The plaintiff in this adversary proceeding, Dane Field, is Judith Lynn Gibbs' bankruptcy trustee. The trustee claims that defendant Bank of America, N.A. (BANA), improperly foreclosed a mortgage made by Ms. Gibbs. The trustee's complaint asserts violations of the power of sale in the mortgage, Hawaii's nonjudicial foreclosure law, and Hawaii's unfair and deceptive trade practices law. Because I find that the...
MEMORANDUM OF DECISION ON REQUEST FOR ADMINISTRATIVE EXPENSE ROBERT J. FARIS , Bankruptcy Judge . The Batiste creditors objected to confirmation of the debtors' plan. A half-hour before the confirmation hearing, the Batiste creditors, the debtors, and others entered into a stipulation that doubled the unsecured creditors' recovery under the plan and allowed the plan to be confirmed without a contested hearing. I am required to decide whether and to what extent the Batiste creditors are...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER GRANTING SECURED CREDITOR FIRST HAWAIIAN BANK'S MOTION FOR RELIEF FROM THE AUTOMATIC AND CO-DEBTOR STAYS AS TO SAVINGS ACCOUNT NO. XX-XX5475 LLOYD KING, Bankruptcy Judge. The preliminary hearing for SECURED CREDITOR FIRST HAWAIIAN BANK'S MOTION FOR RELIEF FROM THE AUTOMATIC AND CO-DEBTOR STAYS AS TO SAVINGS ACCOUNT NO. XX-XX5475 (the "Motion") was held on September 17, 2014 at 1:30 p.m., before the Honorable Lloyd King, United States...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING PLAN PROPONENTS' THIRD AMENDED JOINT CONSOLIDATED PLAN OF REORGANIZATION DATED NOVEMBER 22, 2013; EXHIBIT A ROBERT J. FARIS, Bankruptcy Judge. The hearing on confirming ("Confirmation Hearing") of the Joint Plan Proponents' Third Amended Joint Consolidated Plan of Reorganization Dated as of November 22, 2013 ("Plan") commenced on May 12, 2014, at 9:30 a.m., before the Honorable Robert J. Faris, United States Bankruptcy...
MEMORANDUM OF DECISION ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT ROBERT J. FARIS, Bankruptcy Judge. The trustee seeks summary judgment denying the debtors' discharge. She alleges that the debtors fraudulently transferred assets prior to the bankruptcy and have failed to provide a satisfactory explanation for their loss of assets. Although the debtors' prepetition conduct was far from admirable, I must deny the motion for summary judgment. I. JURISDICTION The bankruptcy court has personal...
MEMORANDUM OF DECISION ON MOTION TO MODIFY CHAPTER 13 PLAN ROBERT J. FARIS, Bankruptcy Judge. The question presented is whether chapter 13 debtor whose income is above median can modify a confirmed plan to provide for a term of less than five years. The debtor, Mr. Roe, enjoys an income that exceeds the median income in Hawaii for his family size. He proposed and the court confirmed a plan that requires him to pay $705.10 for the first six months and $105.44 for the last fifty four months...
MEMORANDUM OF DECISION ON HSBC BANK'S MOTION FOR DISBURSEMENT OF PROCEEDS ROBERT J. FARIS, Bankruptcy Judge. HSBC 1 claims a first mortgage, and the bankruptcy trustee of The Mortgage Store ("TMS") claims a second mortgage on property formerly owned by Mr. and Mrs. Abatie. The TMS trustee sold the property and is holding a portion of the proceeds pending resolution of his objections to HSBC's claims. HSBC seeks disbursement of all the remaining proceeds. For the following reasons, I will...
FINDINGS OF FACT AND CONCLUSIONS OF LAW CONFIRMING DEBTOR'S FIFTH AMENDED CHAPTER 11 PLAN OF REORGANIZATION DATED AS OF OCTOBER 25, 2013 ROBERT J. FARIS, Bankruptcy Judge. The hearing to consider confirmation ("Confirmation Hearing") of the Debtor's Fifth Amended Plan of Reorganization Dated as of October 25, 2013 , was held on February 10, 2014, at 2:00 p.m., before the Honorable Robert J. Faris, United States Bankruptcy Judge, District of Hawaii. Appearances were noted on the record....
MEMORANDUM OF DECISION ON OBJECTION TO CLAIM ROBERT J. FARIS, Bankruptcy Judge. This case requires me to decide the allowed amount of the claim of Historic Plantation, LLC, resulting from the debtor's breach of a commercial lease. Facts The debtor, Healthy Hut Incorporated ("Healthy Hut"), and the landlord, Historic Plantation, LLC, were parties to a four-year, commercial lease, dated November 28, 2011. 1 The initial base rent was $3,465.00 per month, increasing to $3,568.95 in January...
MEMORANDUM OF DECISION ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT ROBERT J. FARIS, Bankruptcy Judge. This adversary proceeding concerns the extent to which a debtor is entitled to discharge of claims asserted by a state agency for alleged violations of consumer protection statutes. Plaintiff State of Hawaii Office of Consumer Protection ("OCP") contends that defendant Mary Virginia Parsons committed unfair trade acts and practices. Ms. Parsons has filed a motion for judgment on the...
