Bankruptcy Court for the District of Hawaii Court Cases

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  1. In Re Rezentes (2007)

    The question is whether debtors with above-median income can calculate their chapter 13 plan payments by deducting from their income the IRS local standard housing expense even though the debtors' actual housing expense is substantially less. I reluctantly conclude that the answer is no; such debtors can claim the IRS local standard amount or their actual housing expense, whichever is less.


    Court: Bankruptcy Court for the District of Hawaii Docket: 06-00754. Nos. 2 & 23
  2. In Re Brown (1988)

    On April 26, 1988, this Court sua sponte issued an Order to Show Cause, premised on the appearance that the granting of a discharge in this case would constitute a substantial abuse of the Bankruptcy Code.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 87-00238
  3. In Re Maui 14K, Ltd. (1991)

    On August 29, 1991, the Office of the United States Trustee ("OUST") filed its Motion to Disgorge Retainer, seeking an order requiring the Debtor's attorney, Ryther Barbin ("Applicant") to disgorge his retainer received for this bankruptcy case. Applicant filed a Memorandum Objecting and in Opposition to Motion to Disgorge Retainer ("Memo in Opposition") on October 15, 1991. A hearing was held on October 16, 1991, at which time Curtis Ching, Esq. appeared on behalf of OUST and Ryther Barbin, [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 90-00528
  4. In Re Johnston Hawks, Ltd. (1985)

    On February 5, 1985, Chicago Credit Services ("Chicago Credit"), Champion Mortgage Company ("Champion") and MPI Consultants ("MPI") (collectively called "petitioning creditors") filed an Involuntary Petition Under Chapter 7 against Jack J. McGarrity, an individual ("McGarrity"), and Johnston Hawks Limited, a Hawaii corporation ("Johnston Hawks").


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 85-00067
  5. In Re Johnston Hawks Ltd. (1987)

    On February 5, 1985, Chicago Credit Services ("Chicago Credit"), Champion Mortgage Company ("Champion") and MPI Consultants ("MPI") (collectively called "petitioning creditors") filed an Involuntary Petition Under Chapter 7 of the Bankruptcy Code against Jack J. McGarrity, an individual ("McGarrity"), and Johnston Hawks Limited, a Hawaii corporation ("Johnston Hawks"). The Involuntary Petition was never served upon either McGarrity or Johnston Hawks.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 85-00067
  6. In Re Connor (2007)

    The question is whether and to what extent the automatic stay prohibits a secured creditor from communicating with a debtor about a delinquent debt secured by a mortgage. The answer, in my view, is not simple: it all depends on the context.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 06-00685. Adversary No. 06-90076
  7. In Re Reed (1991)

    This Chapter 13 Petition was filed on February 21, 1990. At that time, Debtors had scheduled unsecured debts of $94,672.10 and secured debts of $100,909.17. The scheduled unsecured debts includes taxes in the amount of $49,254.35 owed to the Internal Revenue Service ("IRS"). Debtors claims that these taxes are dischargeable.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 90-00123
  8. In Re Gillis (1988)

    These Findings of Fact, Conclusions of Law and Order deal with the Application for Payment of Administrative Expense and Adjudication of Continued Motions ("Application for Payment") originally filed on September 2, 1987 by Henry A. Gomes, Trustee of the Gomes Land Trust ("Gomes") and which, on October 2, 1987, was continued until moved on, and the Motion for Interest on Funds Previously held by Hawaii National Bank ("Motion for Interest"), filed by Edwin J. Kelly, the Trustee in this Chapter 7 [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 85-00095
  9. In Re Development, Inc. (1984)

    On August 17, 1983, Commercial Finance, Ltd., hereinafter "Commercial", filed herein a Motion For Order Granting Relief From Automatic Stay, hereinafter "Motion", seeking relief pursuant to 11 U.S.C. § 362(d) from the automatic stay under 11 U.S.C. § 362(a) to allow the continuation of that certain foreclosure action pending in the Circuit Court of the First Circuit of the State of Hawaii, designated Commercial Finance, Limited vs. Norfolk Investment Co., Ltd., et al., Civil No. 71594, [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 83-00345
  10. In Re Bernard (1986)

    On March 24, 1986, First Interstate Bank of Hawaii ("First Interstate") filed its Motion to Amend Order wherein it requested this Court to amend its Findings of Fact, Conclusions of Law and Order Re Motion to Confirm Rejection and Termination of Lease filed on March 13, 1986, as Amended by Order Amending Findings of Fact, Conclusions of Law and Order Re: Motion to Conform Rejection and Termination of Lease ("Amended Order") filed on March 14, 1986, to specify that:


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 85-00427
  11. In Re Pacific Sea Farms, Inc. (1991)

    On October 8, 1991, the Trustees Under the Will and of the Estate of James Campbell, Deceased ("Campbell Estate"), filed a Motion to Compel Payment of Additional Post-Petition Obligations of Debtor Under Unexpired Lease regarding certain premises being leased by Campbell Estate to Pacific Sea Farms, Inc. A hearing was held on October 23, 1991. James K. Mee, Esq. appeared on behalf of movant, Campbell Estate. Jerrold K. Guben, Esq. appeared on behalf of Edward Swofford, Trustee for Pacific Sea [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 91-00341
  12. In Re Sia (2006)

    Alika L. Piper, Carisa L.K. Hee, Stephen M. Gelber, Gelber, Gelber, Ingersoll & Klevansky, Jared N. Kawashima, Jeannie H. Jang, Ke-Ching Ning, Stephen A. Jones, Valerie M. Kato, Ning Lilly & Jones, Honolulu, HI, Colin Cohen, Boase Cohen & Collins, Wanchai, Hong Kong, Imran Hamid Khwaja, Michelle Jeganathan, William John Munden Ricquier, Tan Rajah & Chean, Singapore, for Plaintiff.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 98-04912, Adversary No. 00-00102
  13. In Re Mid Pacific Airlines, Inc. (1990)

    On January 3 and January 29, 1989, hearings to confirm the Plan of Reorganization of Mid Pacific Airlines, Inc. ("Debtor") were held before this Court, with Gregory Conlan, Esq. representing the Debtor, Curtis Ching, Esq. representing the Office of the United States Trustee ("OUST"), Walter Davidson, Esq. representing Honolulu Fueling and Facilities Corp. ("HFFC"), Jerrold Guben, Esq. representing Continental Bank, and Don Gelber, Esq. representing KOA and Mid Pacific Air Corp., Thomas Hayes, [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 88-00032
  14. In Re Holl (1983)

    The Debtors herein filed on August 4, 1982 an Application to Enforce Injunction Under 11 U.S.C. Section 524, seeking to enjoin the Internal Revenue Service from collecting any further sums from the Debtors in regard to taxes owed by Universal Development and Builders, Inc., from the proceeds of a sale of real property which Debtors had claimed as exempt pursuant to H.R.S. 651-92. The Internal Revenue Service filed on October 5, 1982, a Motion to Dismiss Application to Enforce Injunction. [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 80-00077
  15. In Re Halpenny (1991)

    A hearing was held on February 15, 1991 on the Motion for Turnover of Exempt Assets filed by Jan Brooke Halpenny ("Debtor"). Present at the hearing were Colin Kurata, Esq., attorney for Debtor, Howard Hu, Esq., the Chapter 13 Trustee representing himself, and Carol K. Muranaka, Esq., attorney for the United States of America ("USA"). Following the hearing, the Court took the matter under advisement and gave counsel until February 22, 1991 to submit additional memoranda.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 90-00232
  16. In Re Valley Isle Broadcasting, Ltd. (1985)

    On February 4, 1985, Lowenthal & August ("Applicant") filed an Application for Payment of Attorney's Fees as Administrative Expense, and an Amended Application on July 12, 1985. Hearings were held on May 10, 1985 and August 9, 1985 before the undersigned judge. Debtor opposed the payment of pre-petition attorney fees. A memorandum in support of the application was filed by the Applicant on August 22, 1985. The Court, being advised in the premises, and having reviewed the files and [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 83-00563
  17. In Re Continental Properties, Inc. (1981)

    On August 17, 1981, Travelodge International, Inc., hereafter "Plaintiff", filed a Complaint for Relief from Automatic Stay. A preliminary hearing was held on September 8, 1981, whereupon the matter was set for final hearing. The final hearing on the complaint was heard on October 9, 1981, at which time James H. Lawhn appeared on behalf of the Plaintiff; Francis O'Brien represented Continental Properties, Inc., hereafter "Debtor"; Arthur K. Goto represented Wataru and Violet Takiko Watanabe; [...]

    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 81-0090
  18. In Re Oahu Cabinets, Ltd. (1981)

    The issue before this Court is whether or not, in the instant case, the Landlord is entitled to collect interest and collection fees on past due lease rental payments. By Stipulation filed herein on January 22, 1981, the Landlord and the Tenant agreed to waive hearing and submitted the issue to the Court upon memoranda of the parties.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 80-00266
  19. In Re Hawaii Dimensions, Inc. (1984)

    This matter came on for hearing on March 28, 1984, April 4, 1984 and April 5, 1984 on a Motion for Reconsideration of Order Authorizing Debtor to Reject Lease Agreement filed by Commercial Finance Limited (hereinafter "Commercial Finance"). Based upon the memoranda filed, the arguments of counsel and the pleadings and records filed in this case, the Court enters the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 83-00153
  20. In Re Lane (1986)

    On October 8, 1986, debtor filed a Motion to Estimate Claim. A Written Notice of Objections to Motion to Estimate Claim was filed by Creditors Leon Richardson, Margie Richardson, and Copthorne N.V. ("Richardsons") on October 23, 1986. Bettie Lane filed a memorandum in support of the motion on October 24, 1986.


    Court: Bankruptcy Court for the District of Hawaii Docket: Bankruptcy No. 82-00412

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