MEMORANDUM OF DECISION REGARDING MOTIONS TO DIMISS AND FOR SUMMARY JUDGMENT Robert J. Faris , United States Bankruptcy Judge . In this adversary proceeding, the chapter 7 debtor seeks a declaratory judgment determining that certain unrecorded state tax liens attach to her property and are not avoidable, or in the alternative that the state tax claims are priority unsecured claims under section 507(a)(8). The bankruptcy trustee has filed a motion to dismiss and the debtor has filed a...
ORDER DENYING EXTENSION OF TIME TO FILE NOTICE OF APPEAL Rel. Dkt. No. 79. ROBERT J. FARIS , Bankruptcy Judge . Defendant Gertrude Ngit Wun Ung seeks additional time to file a notice of appeal. Her attorney claims that he thought the appeal period was thirty days, rather than fourteen. He filed his motion on the thirtieth day after entry of the final order, and then filed a notice of appeal on the thirty-fifth day. I will deny the motion. The defendant has the burden of proving that her...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Related Docket No. 11 ROBERT J. FARIS , Bankruptcy Judge . Plaintiff State of Hawaii Office of Consumer Protection's Motion for Summary Judgment, filed April 22, 2015 (the "Motion"), came on for hearing before the Honorable Robert J. Faris on June 19, July 17, and August 6, 2015, pursuant to notice. James F. Evers, Esq., appeared on behalf of Plaintiff State of Hawaii Office of Consumer Protection ("OCP"),...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER APPROVING THE ASSUMPTION AND ASSIGNMENT OF THE NIMITZ LEASE TO HONOLULU LIMITED; EXHIBIT A ROBERT J. FARIS , Bankruptcy Judge . The Debtor's Motion Requesting Entry Of An Order (1) Approving The Assumption And Assignment Of The Nimitz Lease; (2) Approving Certain Bidding Procedures Relating To The Sale Of The Nimitz Lease And Form Of Confidentiality Agreement; (3) Approving Buyer As Stalking Horse Bidder And Approving Payment Of...
MEMORANDUM OF DECISION ON PLAINTIFF'S REQUEST FOR AWARD OF ATTORNEYS' FEES AND COSTS Re: Docket No. 139 ROBERT J. FARIS , Bankruptcy Judge . On July 21, 2015, I made my findings and conclusions pertaining to all claims and directed counsel for plaintiff 1726, Inc. ("1726"), to submit a proposed judgment. 1 When defendants Miguel and Valerie Ramirez objected to the proposed form of judgment submitted by the plaintiff, I ordered 1726 to file a declaration setting forth its interest...
ORDER ON MOTIONS TO COMPEL DISCOVERY AND EXTEND DISCOVERY CUTOFF Re: Dkt. No. 87, 88 ROBERT J. FARIS , Bankruptcy Judge . Plaintiff Dane S. Field, trustee of the bankruptcy estate of Shigeo Minamoto, requested that First Hawaiian Bank ("FHB") produce one or more appropriate witnesses for deposition under rule 30(b)(6) on eleven topics. FHB designated eight witnesses and the trustee has deposed all of them. The trustee now contends that Ms. Jamie Aqui, the witness designated by FHB to...
DEFENDANT CYNTHIA LEE KAUANUI'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERT J. FARIS , Bankruptcy Judge . FINDINGS OF FACT After considering all of the evidence submitted with respect to relevance, weight and probative value, and having objectively assessed the credibility of all witnesses who testified, the Court makes the following findings of facts. To the extent that any finding of fact may also be deemed a conclusion of law, it shall also be considered a conclusion of...
DEFENDANT KEITH C. COCKETT'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT After considering all of the evidence submitted with respect to relevance, weight and probative value, and having objectively assessed the credibility of all witnesses who testified, the Court makes the following findings of facts. To the extent that any finding of fact may also be deemed a conclusion of law, it shall also be considered a conclusion of law. Background of the Parties 1. Plaintiffs...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER (1) APPROVING THE ASSUMPTION AND ASSIGNMENT OF THE NIMITZ LEASE; (2) APPROVING CERTAIN BIDDING PROCEDURES RELATING TO THE SALE OF THE NIMITZ LEASE AND FORM OF CONFIDENTIALITY AGREEMENT; (3) APPROVING BUYER AS STALKING HORSE BIDDER AND APPROVING PAYMENT OF BREAK-UP FEE; AND (4) SCHEDULING AUCTION AND HEARING ON PROPOSED SALE; EXHIBITS 1-2 LLOYD KING , Bankruptcy Judge . The Debtor's Motion Requesting Entry Of An Order (1)...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Robert J. Faris , United States Bankruptcy Judge . The trial of this adversary proceeding was held on April 6 and 7, 2015. Preston Gima represented the plaintiffs and Donald L. Spafford, Jr., represented defendant Marilyn S. Wood. Defendant James J. Wood, Jr., did not appear at trial; judgment shall be entered against him by default. Based on the evidence, the court makes the following: FINDINGS OF FACT 1. Plaintiffs Charles and Helen Bench are a...
Re: Dkt. No. 26 MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Robert J. Faris , United States Bankruptcy Judge . I. Background In 2003, Losi Tyrell, the debtor in this chapter 13 bankruptcy, borrowed $137,380 from Colorado Federal Savings Bank to purchase real property and gave the bank a mortgage on the property to secure the loan. The real property is registered in Hawaii's Land Court, which is a Torrens system of land registration. Bank of America (BOA) has...
Re: Docket No. 37, 40, 46, 59 MEMORANDUM OF DECISION ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT Robert J. Faris , United States Bankruptcy Judge The debtors in this chapter 7 case are the settlors, lifetime beneficiaries, and trustees of a trust which they may revoke or amend at any time. They contributed real property to the trust. They live in one of the two buildings on the property. They have claimed a homestead exemption in the property and, in this adversary proceeding, seek...
