A Hawaii Summons in a Chapter 15 Case is an official notice of a bankruptcy proceeding sent to any creditors or other interested parties. Summonses can come in several forms depending on the nature of the case. If the debtor is a Hawaii resident or the property is located in Hawaii, the summons must be issued by the court in Hawaii. The first type of summons is the Notice of Commencement of a Case Under Chapter 15. This summons is issued by the bankruptcy court to the debtor, creditors, and other interested parties, and it informs them that a bankruptcy proceeding has started. The second type of summons is the Notice of the Meeting of Creditors. This summons informs creditors of the time and place of the meeting of creditors, and it also informs them of their rights and obligations under the Bankruptcy Code. The third type of summons is the Notice of Conversion or Dismissal. This summons informs creditors of the court's decision to either convert the bankruptcy case to a different chapter or dismiss it altogether. Finally, the fourth type of summons is the Notice of Trustee's Final Report and Accounting. This summons informs creditors of the trustee's final report and accounting and their rights and obligations with respect to the distribution of assets. The purpose of these summonses is to ensure that creditors are aware of their rights and obligations in the bankruptcy proceeding and that they have an opportunity to participate in the process.
Hawaii Summons in a Chapter 15 Case
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Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS.
A party has standing to move for a protective order with respect to discovery directed at a non-party on the basis of annoyance, embarrassment, oppression, or undue burden or expense that the moving party will bear.
HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.
Individuals may be served either personally by handing them a copy of the summons and complaint or, if they cannot be located, by leaving the Hawaii Process Service with a responsible adult resident at their usual residence.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
A subpoena may be served at any place within the State. A subpoena may be served: (1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; or (2) in any county by the chief of police or a duly authorized subordinate.
Either party may request a Rule 58 conference. Failure to file and serve objections and a proposed judgment, decree, or order within the time frame required shall constitute approval as to form of the drafting party's proposed judgment, decree or order. (c) Court approval; sanctions.
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the