Shults & Tamm v. Tobey (In re Hawaiian Telcom Communications, Inc.)

MEMORANDUM DECISION CONCERNING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S IN PARI DELICTO DEFENSE

LLOYD KING, Bankruptcy Judge.

I. INTRODUCTION

This is an adversary proceeding in bankruptcy. Fed. R. Bankr.P. 7001. Plaintiff is a litigation trustee, appointed pursuant to Debtor’s confirmed chapter 11 plan of reorganization. Defendant is a former Vice President and Chief Information Officer, of Debtor.1

Plaintiff seeks to avoid certain payments made by Debtor to Defendant and to recover from Defendant the amounts of the payments. Count I alleges that some of the transfers are avoidable, because they…