FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING DEBTOR'S FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION FOR POMARE, LTD. ROBERT J. FARIS , Bankruptcy Judge . The hearing on confirming ("Confirmation Hearing") of the First Amended Chapter Plan of Reorganization for Pomare, Ltd. ("Plan") was held on December 21, 2015, at 2:00 p.m., before the Honorable Robert J. Faris, United States Bankruptcy Judge for the District of Hawaii. Appearances were as noted in the record....
AMENDED PROPOSED FINDINGS AND RECOMMENDED DECISION ON FRAUDULENT TRANSFER AND RELATED CLAIMS Re: Dkt. No. 68, 69, and 76. ROBERT J. FARIS , Bankruptcy Judge . In 1992, Winston Mirikitani, a former attorney, transferred his interest in certain family companies to his sisters. In 2005, Winston 1 filed this chapter 7 case. He received a discharge and the case was closed in due course. In 2013, Winston publicly stated, for the first time, that he transferred his interest in the family...
PROPOSED FINDINGS AND RECOMMENDED DECISION ON FRAUDULENT TRANSFER AND RELATED CLAIMS Re: Dkt. No. 68, 69, and 76. ROBERT J. FARIS , Bankruptcy Judge . In 1992, Winston Mirikitani, a former attorney, transferred his interest in certain family companies to his sisters. In 2005, Winston 1 filed this chapter 7 case. He received a discharge and the case was closed in due course. In 2013, Winston publicly stated, for the first time, that he transferred his interest in the family companies to...
PROPOSED FINDINGS AND RECOMMENDED PARTIAL JUDGMENT ROBERT J. FARIS , Bankrupty Judge . This adversary proceeding arises out of a construction contract between Plaintiff Thomas C. Pearson, as owner, and Defendant Canaan Construction, Ltd. ("Canaan Construction"). Defendant Max Bradford Suiter ("Suiter") is the owner of Canaan Construction. Defendants Canaan Builders, LLC ("Canaan Builders"), 1122 Makepono Street, LLC ("1122 Makepono"), and Raymond T. Suiter ("R.T. Suiter") are affiliated...
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT Robert J. Faris , United States Bankruptcy Judge . Cuzco Development U.S.A., LLC ("Cuzco") has filed a motion for summary judgment that presents the question whether a chapter 11 debtor in possession may avoid a lease that was not filed in the Land Court. The lessee, JCCHO Hawaii, LLC ("JCCHO"), acknowledges that the lease was not filed, but claims that a notice of pendency of action filed by a mortgagee in a foreclosure action...
PROPOSED FINDINGS AND RECOMMENDED DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Re: Dkt. Nos. 37, 41 ROBERT J. FARIS , Bankruptcy Judge . In this adversary proceeding, the plaintiffs argue that the defendants breached a settlement agreement made in connection with the confirmation of a chapter 11 plan. For the following reasons, I recommend that the district court grant summary judgment in favor of the defendants on all claims. I. FACTS This adversary proceeding grows out of a failed...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Robert J. Faris , United States Bankruptcy Judge . On August 31, 2016, Defendant Debtor Anthony Daniel filed this motion for summary judgment on the First Amended Complaint ("FAC") which seeks to make Plaintiff Mark Fukuda's claim nondischargeable pursuant to section 523, deny discharge under section 727, 1 and award damages to Mr. Fukuda. I will grant summary judgment in favor of Mr. Daniel on all remaining claims stated in...
MEMORANDUM OF DECISION REGARDING EFFECT OF DISCHARGE ORDER AND FINAL DECREE ON CERTAIN POST-DISCHARGE CLAIMS Robert J. Faris , United States Bankruptcy Judge . David Joseph Ryan and Melissa Ann Ryan commenced a chapter 7 bankruptcy case, stated their intention to "surrender" their residence, and obtained a discharge in bankruptcy. Later, Mr. and Mrs. Ryan brought an action in Hawaii state court against CIT Bank ("CIT"), alleging that, after the discharge and final decree were entered, CIT'...
ORDER DISMISSING ADVERSARY PROCEEDING ROBERT J. FARIS , Bankruptcy Judge . The court has entered an order dismissing the chapter 13 bankruptcy case of Debtor Leonard Horowitz. Ordinarily, the dismissal of a bankruptcy case results in the dismissal of all related adversary proceedings, because the dismissal of the case limits the jurisdiction of the bankruptcy court. 1 The court issued an order requiring the parties to show cause why this adversary proceeding should not be dismissed. Dr....
FINDINGS OF FACTAND CONCLUSIONS OF LAW AND ORDER ON THE ASSOCIATION OF APARTMENT OWNER'S MOTION TO ENFORCE CONFIRMED SECOND AMENDED PLAN OF REORGANIZATION Docket Reference 268 LLOYD KING , Bankruptcy Judge . I. INTRODUCTION A hearing to consider the Association of Apartment Owner's of Canterbury Place ("AOAO") Motion to Enforce Confirmed Second Amended Plan of Reorganization of March 4, 2016, and Dismiss the Notice of Appeal Filed on June 22, 2016, or in the Alternative, Enforce the...
MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS 2 & 3 OF COUNTERCLAIM (CHANGE ORDER 9) Robert J. Faris , United States Bankruptcy Judge . This adversary proceeding arises out of a construction contract between Plaintiff Thomas C. Pearson, as owner, and Defendant Canaan Construction, Ltd. ("Canaan Construction"). Defendant Max Bradford Suiter ("Suiter") is the owner of Canaan Construction. The remaining defendants (Canaan Builders, LLC, 1122 Makepono Street, LLC,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Related Document No. 14 ROBERT J. FARIS , Bankruptcy Judge . Plaintiff State of Hawaii Office of Consumer Protection's Motion for Summary Judgment, filed August 4, 2016 (the "Motion"), came on for hearing before the Honorable Robert J. Faris on September 16, 2016, pursuant to notice. James F. Evers, Esq., appeared on behalf of Plaintiff State of Hawaii Office of Consumer Protection ("OCP"), and Defendant...
AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT Re: Docket No. 76 ROBERT J. FARIS , Bankruptcy Judge . The debtor in possession, 1250 Oceanside Partners ("Oceanside"), seeks to enforce a promissory note and foreclose a mortgage made by defendants Roger and Cindy Buckles. The other defendants claim interests in the mortgaged property. Oceanside now seeks summary judgment. Mr. and Mrs. Buckles argue that the court lacks jurisdiction,...
MEMORANDUM OF DECISION ON DEBTOR'S ALLEGED MISCONDUCT BY PAUL J. SULLA, JR. Docket No. 97. ROBERT J. FARIS , Bankruptcy Judge . Chapter 13 debtor Dr. Leonard Horowitz alleges that Paul J. Sulla, Jr., violated the automatic stay, violated an order disqualifying him as counsel, and filed papers in bad faith, and seeks monetary and nonmonetary remedies. For the following reasons, I will deny the motion (even though Mr. Sulla has inexplicably failed to respond to it). I. Violation of...
MEMORANDUM OF DECISION REGARDING PLAN CONFIRMATION Docket No. 115. ROBERT J. FARIS , Bankruptcy Judge . Dr. Horowitz commenced this chapter 13 case on March 9, 2016. After the court denied confirmation of his initial and second chapter 13 plans, Dr. Horowitz timely filed a third plan 1 on August 5, 2016. The standing chapter 13 trustee and creditor Paul J. Sulla, Jr., object to confirmation. Although Dr. Horowitz has corrected some of the problems with his first two plans, his third...
AMENDED ORDER DENYING MOTION TO DISMISS Re: Dkt. No. 22 ROBERT J. FARIS , Bankruptcy Judge . In this adversary proceeding, plaintiff Patrick G. Bryan seeks a determination that his claims against defendant Jason Kendrick Brown are not dischargeable in bankruptcy and that Mr. Brown is not entitled to a discharge at all. Mr. Brown has filed a motion to dismiss the case in which he argues (in summary) that the allegations of the complaint are false. I have carefully read the parties'...
ORDER DENYING MOTION TO RECUSE Re: Docket No. 241 ROBERT J. FARIS , Bankruptcy Judge . On June 23, 2016, creditor Chad Barry Barnes, through his attorneys, Jay L. Friedheim and John C. Gibson, filed a motion seeking to disqualify me from presiding over this bankruptcy case ("Motion") (dkt. 241). The Motion specifically refers to my decision to impose sanctions on Mr. Friedheim and Mr. Gibson in the amount of $43,277.73 (dkt. 165). The motion questions my impartiality because trustee's...
ORDER GRANTING DEBTOR'S MOTION TO MODIFY CONFIRMED PLAN Re: Docket No. 59 ROBERT J. FARIS , Bankruptcy Judge . Deborah Malia Dean commenced this chapter 13 case on February 23, 2011. One of her assets is a condominium unit with an estimated value of $309,900 and an estimated secured claim of $297,000. 1 Her chapter 13 plan placed the claim of the mortgage lender, MetLife Home Loans, in class 1, meaning that she would continue to pay her regular monthly mortgage payments directly to the...
MEMORANDUM OF DECISION ON MOTION FOR RECONSIDERATION Re: Docket No. 108 ROBERT J. FARIS , Bankruptcy Judge . The plaintiffs in this adversary proceeding, Debtor Leonard Horowitz and his domestic and business partner, Sherri Kane, seek reconsideration of my decision to dismiss this adversary proceeding. 1 The motion is appropriate for decision without an oral hearing. With one possible exception, the motion contains no arguments or facts that the plaintiffs did not present, or could not...
MEMORANDUM OF DECISION ON MOTION TO DISMISS Re: Docket No. 19. ROBERT J. FARIS , Bankruptcy Judge . In this adversary proceeding, the Debtor, Leonard Horowitz, and his domestic and business partner, Sherri Kane, seek monetary and injunctive relief regarding real property located at 13-3775 Pahoa-Kalapana Road, Pahoa, Hawaii 96778 (the "Property"). Defendants Paul Sulla, Jason Hester, The Office of the Overseer, A Corporate Sole and its Successor, Over and For the Popular Assembly of...
