ORDER ON DISBURSEMENT OF SETTLEMENT PROCEEDS 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 27, 2019, the court heard final arguments on the Motion to Employ Special Counsel, Nunc Pro Tunc, Approve Settlement, Approve Special Counsel's Fees and Costs and Authorize Special Counsel to Disburse Settlement Proceeds ("Motion"), brought in the above-captioned case. The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission....
United States' Motion to Convert Chapter 11 to Chapter 7 MIKE K. NAKAGAWA , Bankruptcy Judge . The United States of America, on behalf of its agency, the Internal Revenue Service ("IRS"), which is a creditor and party in interest in this action, hereby moves to convert this case to chapter 7 pursuant to 11 U.S.C. 1112(b), Fed. R. Bankr. P. 1017(f), and Fed. R. Bankr. P. 9014 for (1) the debtor's failure to file a tax return due after commencement of the case, and (2) the debtor's...
ORDER ON SECURED CREDITOR SHEILA ROSENBLUM'S MOTION FOR EXCEPTION FROM AUTOMATIC STAY UNDER 11 U.S.C. 362(b)(2)(B) AND (C) AND (b)(4), AND WAIVER OF 14-DAY STAY UNDER RULE 4001(a)(3) 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On July 10, 2019, the court conducted a hearing on Secured Creditor Sheila Rosenblum's Motion for Exception from Automatic Stay under 11 U.S.C. 362(b)(2)(B) and (C) and (b)(4), and Waiver of 14-Day Stay Under Rule 4001(a)(3) ("MEAS"). The appearances of counsel were...
ORDER ON [PROPOSED] FIRSTAMENDED DISCLOSURE STATEMENT TO ACCOMPANY SECURED CREDITOR SHEILA ROSENBLUM'S COMPETING CHAPTER 11 PLAN OF LIQUIDATION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On July 10, 2019, the court conducted a hearing on the [Proposed] First Amended Disclosure Statement to Accompany Secured Creditor Sheila Rosenblum's Competing Chapter 11 Plan of Liquidation. The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under...
ORDER REGARDING DEBTOR'S DISCLOSURE STATEMENT RE: DEBTOR'S PLAN OF REORGANIZATION — PLAN # 1 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On July 10, 2019, the court heard arguments on Debtor's Disclosure Statement Re: Debtor's Plan of Reorganization — Plan # 1. The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On December 1, 2018, Daniel H. Rosenblum ("Debtor") filed a voluntary Chapter 11 petition for...
ORDER ON PARADISE HARBOUR PLACE TRUST AND VENDANGE PLACE TRUST'S MOTION TO RETROACTIVELY ANNUL THE AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On June 5, 2019, the court heard Paradise Harbor Place Trust and Vendange Place Trust's Motion to Retroactively Annul the Automatic Stay ("Annulment Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On September 1, 2010, Justice David Ward...
ORDER REGARDING CREDITOR 4FRONT ADVISORS LLC'S MOTION TO DISMISS BANKRUPTCY PETITION OR, ALTERNATIVELY, MOTION FOR RELIEF FROM THE AUTOMATIC STAY TO ALLOW RECEIVERSHIP AND CONTEMPT PROCEEDINGS TO CONTINUE 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On May 15, 2019, the court heard Creditor 4Front Advisors LLC's Motion to Dismiss Bankruptcy Petition or, Alternatively, Motion for Relief from the Automatic Stay to Allow Receivership and Contempt Proceedings to Continue ("...
ORDER ON MOTION FOR CONTINUATION OF AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On May 7, 2019, an evidentiary hearing was held and completed on the Motion for Continuation of Automatic Stay ("Motion"), brought by Ezekiel Michael Perez ("Debtor"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. On August 29, 2018, Debtor filed a voluntary Chapter 7 petition, Case No. 18-15136-MKN ("2018 Petition") as...
ORDER GRANTING IN PART AND DENYING IN PART APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES GARY SPRAKER , Bankruptcy Judge . On March 28, 2019, the court heard Haines & Krieger's (H&K) Application for Compensation and Reimbursement of Expenses No. 1 (Application) (ECF No. 113) as part of the chapter 13 duty calendar. At oral argument, the court requested additional information regarding the basis for the $20,140.50 in fees for which H&K sought court approval. H&K has filed the...
ORDER REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY AND SETOFF FILED BY HAWAII STATE FEDERAL CREDIT UNION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On April 3, 2019, the court heard the Motion for Relief from Automatic Stay and Setoff Filed By Hawaii State Federal Credit Union ("MRAS"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On February 5, 2019, Jermark K. V. Duca and Glenna M. S. Duca ("...
(AMENDED) ORDER REGARDING SECURED CREDITOR FULL HOUSE LEASING, LLC'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On April 3, 2019, the court heard Secured Creditor Full House Leasing, LLC's Motion for Relief from the Automatic Stay ("MRAS"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On September 17, 2018, Hugo Lara-Morales ("Debtor") filed a voluntary...
ORDER ON MOTION FOR RECONSIDERATION OF ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY TO PROCEED WITH STATE COURT ACTION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On March 13, 2019, the court heard the Motion for Reconsideration of Order Granting Motion for Relief from Automatic Stay to Proceed with State Court Action ("RAS Reconsideration Motion") brought by Jairo Alejandro Rodriguez ("Debtor"). The appearances of counsel were noted on the record. After arguments were presented, the...
MEMORANDUM DECISION AFTER TRIAL 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On February 21, 2019, a trial was conducted in the above-captioned adversary proceeding. The appearances of counsel were noted on the record. After conclusion of the trial, the matter was taken under submission. This Memorandum Decision constitutes the court's findings of fact and conclusions of law pursuant to FRBP 7052 and FRCP 52. BACKGROUND On March 9, 2017, a Chapter 7 petition ("Petition") was filed by Steven...
ORDER REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY TO PROCEED WITH STATE COURT ACTION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On January 9, 2019, the court heard the Motion for Relief from Automatic Stay to Proceed With State Court Action ("MRAS") brought by Douglas Ross, M.D. ("Ross"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On August 6, 2018, Jairo Alejandro Rodriguez ("Debtor") filed a "...
ORDER ON MOTION FOR DETERMINATION THAT AGREEMENTS ARE NOT EXECUTORY CONTRACTS 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 8, 2018, the court heard arguments on the Motion for Determination that Agreements Are Not Executory Contracts ("Motion"), brought by Spanish Trail Master Association ("ST Master Association"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND 2 On August 24, 2011, Spanish...
ORDER REGARDING MOTION FOR RELIEF FROM AUTOMATIC STAY TO PROCEED WITH STATE COURT ACTION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On January 9, 2019, the court heard the Motion for Relief from Automatic Stay to Proceed With State Court Action ("MRAS") brought by Douglas Ross, M.D. ("Ross"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On August 6, 2018, Jairo Alejandro Rodriguez ("Debtor") filed a "...
ORDER GRANTING DEFENDANTS' MOTION TO FILE AMENDED EX PARTE MOTION TO EXTEND TIME FOR FILING APPEAL BRUCE T. BEESLEY , Bankruptcy Judge . Defendants' Motion to File Amended Ex Parte Motion to Extend Time for Filing Appeal (Docket # 555) came on for hearing on January 7, 2019. After consideration of the pleadings and oral arguments, IT IS HEREBY ORDERED that the Motion is granted. IT IS HEREBY ORDERED that Defendants' motion for additional time is GRANTED as to both requests for...
ORDER REGARDING MOTION TO REMAND STATE COURT ACTION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On December 19, 2018, the court held a hearing on the Motion to Remand State Court Action ("Remand Motion") filed by Douglas B. Ross, M.D., an individual ("Ross"). Appearances were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On August 6, 2018, Jairo Alejandro Rodriguez ("Debtor") filed a voluntary Chapter 7 petition ("Petition"). (ECF No....
ORDER REGARDING MOTION FOR RELIEF FROM THE AUTOMATIC STAY; MOTION TO ABANDON CERTAIN ASSETS 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 14, 2018, the court heard the Motion for Relief From the Automatic Stay ("Firebird MRAS") brought by Firebird Living Trust Dated July 18, 2008 ("Firebird Trust"). The court also heard the Motion to Abandon Certain Assets ("US Abandonment Motion") brought by the United States of America ("USA"). The appearances of counsel were noted on the record....
ORDER REGARDING MOTION FOR SUMMARY JUDGMENT AS TO THE INVOLUNTARY PETITION AND ENTRY OF ORDER FOR RELIEF 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 6, 2018, the court heard the Motion for Summary Judgment as to the Involuntary Petition and Entry of Order for Relief ("SJ Motion") brought by petitioning creditor Credit Saison Co., Ltd. ("Credit Saison"). The court also heard the Counter Motion to the Alleged Creditor's Motion for Summary Judgment ("Countermotion") brought by...
