Cuzco Development U.S.A, LLC v. JCCHO Hawaii, LLC (In re Cuzco Development U.S.A., LLC)

ORDER REVERSING BANKRUPTCY COURT’S ORDER GRANTING PLAINTIFF CUZCO DEVELOPMENT U.S.A., LLC’S MOTION FOR SUMMARY JUDGMENT

’ J. Michael Seabright, Chief United States District Judge

I. INTRODUCTION

Defendant JCCHO Hawaii, LLC (“JCCHO” or “Defendant”) claims to have a property interest, through a lease (the “Master Lease”), in a 3.5 acre parcel of Honolulu commercial property owned by Plaintiff Cuzco Development U.S.A., LLC (“Cuzco” or “Plaintiff”). ER0377. After filing for chapter 11 relief, Cuzco initiated the underlying adversary proceeding to avoid JCCHO’s Master Lease. ER0378. Soon thereafter,…