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...
ORDER REGARDING MOTION TO ENFORCE SUMMARY JUDGMENT AGAINST NEW BOCA SYNDICATIONS GROUP LLC 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 7, 2018, the court heard the Motion to Enforce Summary Judgment Against New Boca Syndications Group LLC ("Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On June 17, 2010, a voluntary Chapter 11 petition was filed by Charleston Associates, LLC ("...
ORDER ON MOTION OF CITY NATIONAL BANK FOR RULE 54(b) CERTIFICATION OF ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND DISMISSAL WITH PREJUDICE OF REMAINING CLAIMS MIKE K. NAKAGAWA , Bankruptcy Judge . On September 5, 2018, the court heard the Motion of City National Bank for Rule 54(b) Certification of Order on Motion for Partial Summary Judgment and Dismissal with Prejudice of Remaining Claims ("54(b) Motion"). The appearances of counsel were noted on the record. After arguments were...
ORDER REGARDING FIRST AND FINAL APPLICATION FOR AWARD OF COMPENSATION TO DAVID J. WINTERTON & ASSOC., LTD. 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 14, 2018, the court heard the First and Final Application for Award of Compensation to David J. Winterton & Assoc., Ltd. ("Fee Application"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. 2 BACKGROUND On February 8, 2017, Hartland MMI, LLC ("Debtor")...
ORDER REGARDING MOTION FOR RETROACTIVE RELIEF FROM AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 14, 2018, the court heard the Motion for Retroactive Relief from Stay brought by KE Aloha Holdings, LLC Series VI and KE Aloha Holdings, LLC ("RAS Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On June 5, 2013, a voluntary Chapter 7 petition ("Petition") was filed by Joseph...
ORDER REGARDING OBJECTION TO NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER'S POST PETITION MORTGAGE FEES SUPPLEMENTING PROOF OF CLAIM NO. 6-1 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On November 14, 2018, the court heard the Objection to Nationstar Mortgage LLC D/B/A Mr. Cooper's Post Petition Mortgage Fees Supplementing Proof of Claim No. 6-1. ("Objection"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. On April 9,...
MEMORANDUM DECISION AFTER TRIAL 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On October 30, 2018, a trial was conducted in the above-captioned adversary proceeding. The appearances of counsel were noted on the record. After consideration of the evidence and arguments presented at trial, the court enters this Memorandum Decision, which constitutes the court's findings of fact and conclusions of law pursuant to FRBP 7052 and FRCP 52. FACTUAL AND PROCEDURAL BACKGROUND...
ORDER ON MOTION FOR SANCTIONS 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On October 17, 2018, the court heard the Motion for Sanctions for Intentional Violation of the Automatic Stay and Discharge Injunction ("Sanctions Motion") brought by Dean Tyler Bush ("Debtor"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On July 25, 2017, Debtor filed a voluntary Chapter 7 bankruptcy petition along with his...
ORDER ON FIRST AND FINAL APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE TIME PERIOD OF APRIL 1, 2018 THROUGH JUNE 30, 2018, BY BARNES & THORNBURG LLP 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On September 5, 2018, the court heard the First and Final Application for Compensation and Reimbursement of Expenses for the Time Period of April 1, 2018 through June 30, 2018, brought by Barnes & Thornburg LLP ("B&T Fee Application"). The appearances of counsel were noted on the...
ORDER REGARDING MOTION TO CLOSE CASE, DISALLOW RULE 2004 EXAM AND FOR ATTORNEYS FEES AND SANCTIONS FOR VIOLATION OF DISCHARGE INJUNCTION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On September 5, 2018, the court heard the Motion to Close Case, Disallow Rule 2004 Exam and for Attorneys Fees and Sanctions for Violation of Discharge Injunction ("Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On...
ORDER ON OBJECTION TO DEBTOR'S CLAIMED EXEMPTIONS PURSUANT TO 11 U.S.C. 522( l ) AND FEDERAL RULE OF BANKRUPTCY PROCEDURE 4003 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On August 15, 2018, the court heard the Objection to Debtor's Claimed Exemptions Pursuant to 11 U.S.C. 522( l ) and Federal Rule of Bankruptcy Procedure 4003 ("Objection") brought on behalf of Chapter 7 panel trustee, Shelley D. Krohn ("Trustee"). The appearances of counsel were noted on...
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT MIKE K. NAKAGAWA , Bankruptcy Judge . The court having entered its Memorandum Decision on Motion for Partial Summary Judgment contemporaneously herewith, IT IS HEREBY ORDERED that the Motion for Partial Summary Judgment brought by City National Bank, Adversary Docket No. 580, be, and the same hereby is, GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that summary judgment is GRANTED in favor of City National Bank and against...
MEMORANDUM DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On June 5, 2018, a hearing was held on the Motion for Partial Summary Judgment brought by City National Bank ("CNB") in the above-captioned adversary proceeding. The appearances of counsel were noted in the record. After arguments were presented, the matter was taken under submission. 1 BACKGROUND On June 17, 2010, a voluntary Chapter 11 petition was filed by...
ORDER ON MOTION TO ENFORCE PLAN BY REQUIRING PAYMENT OF PLAN PAYMENTS OR, IN THE ALTERNATIVE, CONVERSION OF CASE TO CHAPTER 7 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On July 18, 2018, the court heard the Motion to Enforce Plan by Requiring Payment of Plan Payments, or in the Alternative, Conversion of Case to Chapter 7 ("Conversion Motion"), brought by First American Title Insurance Company ("FATCO"). The appearances of counsel were noted on the record. After arguments were presented, the...
ORDER REGARDING SFR INVESTMENTS POOL 1, LLC'S MOTION TO RETROACTIVELY ANNUL THE AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On June 27, 2018, the court heard argument regarding SFR Investment Pool 1, LLC'S Motion to Retroactively Annul the Automatic Stay ("Annulment Motion"). 2 The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On June 17, 2011, a voluntary Chapter 7 bankruptcy petition was...
ORDER ON GLAS USA LLC'S MOTION PURSUANT TO 11 U.S.C. 362(d) FOR RELIEF FROM THE AUTOMATIC STAY 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On June 26, 2018, the court heard argument regarding GLAS USA LLC's Motion Pursuant to 11 U.S.C. 362(d) for Relief from the Automatic Stay ("362 Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On May 18, 2017, the above-captioned...
ORDER ON JOINT MOTION OF NIKOLAOS TOUROUTOGLOU, M.D. AND BENCHMARK CAPITAL, LLC TO (1) DISMISS OR CONVERT TO CHAPTER 7 PURSUANT TO 11 U.S.C. 1112(b) FOR BAD FAITH, (2) TERMINATE AUTOMATIC STAY OR CONFIRM STAY TERMINATES AUTOMATICALLY 30 DAYS AFTER FILING; AND (3) BAN DEBTOR FROM REFILING FOR BANKRUPTCY WITHOUT PRIOR COURT APPROVAL THROUGH APRIL 1, 2024 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On May 16, 2018, the court heard the Joint Motion of Nikolaos Touroutoglou, M.D. and Benchmark...
ORDER ON PLAINTIFF WARNER HOLDINGS, LLC, d/b/a SUN VALLEY ELECTRIC SUPPLY COMPANY'S MOTION FOR SUMMARY JUDGMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On May 16, 2018, the court heard "Plaintiff Warner Holdings, LLC, d/b/a Sun Valley Electric Supply Company's Motion for Summary Judgment" ("MSJ"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On June 28, 2017, Drew Levy ("Levy") filed a voluntary...
MEMORANDUM DECISION ON REORGANIZED DEBTOR'S MOTION FOR ORDER: (I) REOPENING CHAPTER 11 CASE; AND (II) ENFORCING CONFIRMED CHAPTER 11 PLAN 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . The humorist Douglas Adams was fond of saying, "I love deadlines. I love the whooshing sound they make as they fly by." But the law more often follows Benjamin Franklin's stern admonition: "You may delay, but time will not." To paraphrase Emile Zola, deadlines are often the terrible...
