Legal Opinion
In re Mortgage Store
United States Bankruptcy Court, D. Hawaii
Decided April 8, 2014No. 10-03454PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON HSBC BANK’S MOTION FOR DISBURSEMENT OF PROCEEDS
ROBERT J. FARIS, Bankruptcy Judge.
HSBC1 claims a first mortgage, and the bankruptcy trustee of The Mortgage Store (“TMS”) claims a second mortgage on property formerly owned by Mr. and Mrs. Abatie. The TMS trustee sold the property and is holding a portion of the proceeds pending resolution of his objections to HSBC’s claims. HSBC seeks disbursement of all the remaining proceeds. For the following reasons, I will grant HSBC’s motion in large part but will allow a reduced amount of attorneys’ fees to HSBC.
Facts
In 2003,…
2Cases cited9 opinions
- Bynum v. MagnoHawaii Supreme Court · 2004
- McIntosh v. MurphyHawaii Supreme Court · 1970
- Hoopai v. HoopaiCourt of Appeals for the Ninth Circuit · 2009
- 100 Eighth Avenue Corp. v. MorgensternAppellate Division of the Supreme Court of the State of New York · 1957
- Hoopai v. Countrywide Home Loans, Inc. (In Re Hoopai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
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3Cited by4 opinions
- Lee Road Partners, Ltd. v. F.W. Woolworth Co. (In Re Lee Road Partners, Ltd.)District Court, E.D. New York · 1994
- Tyrell v. Bank of America (In re Tyrell)United States Bankruptcy Court, D. Hawaii · 2015
- ArrowPointe Federal Credit Union v. Jimmy Eugene BaileySupreme Court of South Carolina · 2023
- ArrowPointe Federal Credit Union v. Jimmy Eugene BaileySupreme Court of South Carolina · 2023