Legal Opinion

Azabu Liquidating Trust v. Beecher, Ltd. (In Re Azabu Buildings Co.)

United States Bankruptcy Court, D. Hawaii

Decided March 11, 2008No. 19-00121PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT

ROBERT J. FARIS, Bankruptcy Judge.

I. INTRODUCTION

At issue is whether a Japanese judgment domesticated in Hawaii accrues interest at the Japanese rate or the Hawaii rate, and whether, under Hawaii law, junior lien creditors can prevent each other from compelling a senior secured party to marshal its collateral to the detriment of the other junior party.

II. STATEMENT OF FACTS

Azabu Buildings Company, Ltd. (the “Debtor”), is a Japan-based real estate investment corporation that owned several Hawaii hotels at the height of the Japanese…

2Cases cited23 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Meyer v. United StatesSupreme Court of the United States · 1963
  3. In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
  4. Roxas v. MarcosHawaii Supreme Court · 1998
  5. Jenkins v. Cades Schutte Fleming & WrightHawaii Supreme Court · 1994

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3Cited by1 opinion

  1. Dixon v. American Community Bank & Trust (In Re Gluth Bros. Construction, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009

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