MEMORANDUM OF DECISION REGARDING "NO-LOOK" FEES AND HAWAII GENERAL EXCISE TAX Re: Docket No. 21 ROBERT J. FARIS , Bankruptcy Judge . The question presented is whether the attorney for the debtor in a chapter 13 who elects to accept the "no-look" fee may collect Hawaii general excise tax in addition to the fee. For the reasons that follow, the answer is no. Counsel for the debtor in this case has proposed a chapter 13 plan that provides that the trustee will pay the unpaid balance of the...
MEMORANDUM OF DECISION REGARDING "NO-LOOK" FEES AND HAWAII GENERAL EXCISE TAX Robert J. Faris , United States Bankruptcy Judge . The question presented is whether the attorney for the debtor in a chapter 13 who elects to accept the "no-look" fee may collect Hawaii general excise tax in addition to the fee. For the reasons that follow, the answer is no. Counsel for the debtor in this case has proposed a chapter 13 plan that provides that the trustee will pay the unpaid balance of the...
MEMORANDUM OF DECISION ON REMANDED ISSUES Re: Docket No. 331, 347, 349, 353 ROBERT J. FARIS , Bankruptcy Judge . I entered an order approving a sale of a vessel free and clear of a maritime lien held by an injured seaman. In an appeal from that order, the court of appeals has directed the district court, and the district court has in turn directed me, to answer three questions. This memorandum contains my answers and supporting reasoning. BACKGROUND Chad Barnes was injured while...
ESTABLISHED FACTS AND CONCLUSIONS OF LAW RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO COMPLAINT FILED ON 8/7/18 [AP DKT. NOS. 9-12] (Related to AP Dkt Nos. 1, 7, 9-12 & 18) ROBERT J. FARIS , Bankruptcy Judge . Plaintiff DANE S. FIELD, Chapter 7 Trustee of the Estate of KATHLEEN ANN SODERMARK's Motion For Summary Judgment As To Complaint Filed On 8/7/18 came on for hearing on October 19, 2018 at 10:00 a.m. before the Honorable Robert J. Faris, United States Bankruptcy Judge. Susan...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Dkt. No. 1, 104 Dkt. No. 1, 100 Dkt. No. 1 ROBERT J. FARIS , Bankruptcy Judge . The trial of these adversary proceedings and an evidentiary hearing on a contempt motion 1 was held on August 7-10, 2018. Louise K. Y. Ing, Esq., Kristin Liisa Holland, Esq., Maile Osika, Esq. and Mark C. Taylor, Esq. appeared for plaintiff GemCap Lending I, LLC ("GemCap"). Frederick J. Arensmeyer, Esq. appeared for defendants Trent A. Bateman, Lisa J. Bateman, and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING DEBTOR'S AND OFFICIAL COMMITTEE OF UNSECURED CREDITORS' FIRST AMENDED JOINT CHAPTER 11 PLAN OF REORGANIZATION DATED AS OF AUGUST 27, 2018 [Relates to Docket No. 162, 245] ROBERT J. FARIS , Bankruptcy Judge . The hearing on confirming ("Confirmation Hearing") of the Debtor's And Official Committee Of Unsecured Creditors' Joint Chapter 11 Plan Of Reorganization Dated As Of May 29, 2018 (as amended by the Debtor's And...
Related Dkt. No. 100 MEMORANDUM OF DECISION ON MOTION TO DISMISS THIRD AMENDED COMPLAINT Robert J. Faris , United States Bankruptcy Judge . Defendants Dong Woo Lee, Cuzco Development U.S.A., LLC ("Cuzco USA"), Newco, LLC ("Newco"), and Cuzco Development Korea, Inc. ("Cuzco Korea") moved to dismiss the Third Amended Verified Complaint filed on May 15, 2018, by plaintiff Tera Resource Co., Ltd. ("Tera"). 1 A hearing was held on June 29, 2018. Appearances were made by Chuck C. Choi, Esq.,...
MEMORANDUM OF DECISION ON CHAPTER 13 PLAN CONFIRMATION Re: Docket No. 2 ROBERT J. FARIS , Bankruptcy Judge . The question presented is whether the court can and should confirm a chapter 13 plan that is built on an admittedly incorrect budget, where the differences between the stated budget and the debtor's actual expenses may not affect the plan payments or distributions to creditors. I conclude that the court should not confirm a plan in such circumstances. Mr. Ferreira's filed...
MEMORANDUM OF DECISION ON MOTIONS FOR RELIEF FROM STAY AND BARTON DOCTRINE AND FOR SANCTIONS Re: Docket No 272, 277, 274, 278, 279, 285, 291, 293, 295, 297 ROBERT J. FARIS , Bankruptcy Judge . This case is at the boundary between maritime law and bankruptcy law. The Ninth Circuit has ruled that I erroneously decided where that boundary lies. Before me are five motions filed in the aftermath of that decision. Prompt decision of the five motions is necessary because the district court has...
MEMORANDUM OF DECISION ON MOTION TO DISMISS SECOND AMENDED COMPLAINT Robert J. Faris, United States Bankruptcy Judge . Defendants Dong Woo Lee, Cuzco Development U.S.A., LLC ("Cuzco USA"), Newco, LLC ("Newco"), and Cuzco Development Korea, Inc. ("Cuzco Korea") moved to dismiss the Second Amended Verified Complaint filed on July 18, 2017, by plaintiff Tera Resource Co., Ltd. ("Tera"). 1 A hearing was held on September 15, 2017. Appearances were made by Chuck C. Choi, Esq., for Cuzco USA;...
FINDINGS OF FACT AND CONCLUSIONS OF LAW CONFIRMING THIRD AMENDED PLAN OF REORGANIZATION DATED AS OF FEBRUARY 21, 2018 Relates to Docket Nos. 119, 120, 150 ROBERT J. FARIS , Bankruptcy Judge . The hearing to consider confirmation (the "Confirmation Hearing") of on the Debtor's Third Amended Plan of Reorganization Dated as of February 21, 2018 (the "Plan") was held on December 14, 2015, February 23, 2016, May 12, 2016, April 4, 2017 and April 5, 2017. Christopher J. Muzzi, Esq. appeared...
MEMORANDUM OF DECISION ON MOTION TO DISMISS ROBERT J. FARIS , Bankruptcy Judge . On December 15, 2017, petitioning creditors, Ashley Olson, Amy Richards, Shannon Wood, Susan Fernandez, Ken Clark, and Billie Bell, filed an involuntary bankruptcy petition against Kaanapali Tours, LLC ("KTL"). 1 Amy Sutherland (one of KTL's two members) has filed a motion (on behalf of KTL) to dismiss the involuntary petition. 2 Subsequently, Privacy Charters, LLC 3 and Janice Nolan (the other member of...
MEMORANDUM OF DECISION CONCERNING CHAPTER 13 PLAN CONFIRMATION AND OBJECTION TO EXEMPTION CLAIMS Related Dkt.: 2 and 11 Related Dkt.: 4 and 21 Related Dkt.: 4 and 18 ROBERT J. FARIS , Bankruptcy Judge . These three cases present the question whether the court should confirm chapter 13 plans before deciding an objection to the debtor's claim of exemptions. I conclude that, unless the plan provides for full payment of all claims, plan confirmation should await the resolution of any...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON OBJECTION TO CLAIMS OF USTC HI, INC. Related Dkt. 592. ROBERT J. FARIS , Bankruptcy Judge . Cuzco Development U.S.A., LLC, the reorganized debtor ("Cuzco"), objected to Claim Nos. 34 and 35 filed by USTC HI, Inc. ("USTC"). 1 The court held an evidentiary hearing on January 17 and 18, 2018. Chuck C. Choi, Esq. and John S. Rhee, Esq. appeared for Cuzco, and Leighton K. Lee, Esq. appeared for USTC. Based on the evidence received, I make the...
