Legal Opinion

Village Park Community Ass'n v. Faitalia (In Re Faitalia)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 6, 2016No. BAP HI-16-1170-JuTaKu; Bk. 15-00698-RJFPublishedCited by 2 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge:

Onenoa Faavevela Faitalia and Soi Fai-talia (collectively, Debtors) filed a motion to value their real property for the purpose of stripping off the asserted secured claim of Village Park Community Association (Association) in their chapter 13 1 case. The bankruptcy court found that the Association’s lien was wholly unsecured and entered an order granting Debtors’ motion. The court also held that Debtors were •entitled to their attorney’s fees and costs under Hawaii law.

Debtors then filed a motion and supporting declarations seeking attorney’s fees and costs…

2Cases cited14 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  5. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007

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3Cited by2 opinions

  1. Baltimore Harlem Park Investment LLCUnited States Bankruptcy Court, District of Columbia · 2023
  2. HP Bennett, LLCUnited States Bankruptcy Court, District of Columbia · 2023

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