In re: Yeongbu Kim

Filing 20

FINDINGS AND RECOMMENDATIONS GRANTING PLAINTIFF'S (1) APPLICATION FOR WRIT OFCONTINUING BANK GARNISHMENT AS TO BANK OF HAWAII 3 , AND (2) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO FIRST HAWAIIAN BANK 2 . Signed by JUDGE LESLIE E KOBAYASHI on 11/25/2009. related: docket no. 17 Minutes of 8/31/2009 hearing re Garnishment by Bank of Hawaii & First Hawaiian Bank. (afc) CERTIFICATE OF SERVICEPartici pants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first cla ss mail on the date of this docket entry. A Copy of the Findings and Recommendation with the proposed order of adoption, has been served on November 25, 2009 upon the chambers of Judge David Alan Ezra via the orders e-mail address: [e-mail].

FLORENCE T. NAKAKUNI United States Attorney District of Hawaii

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EDRIC M. CHING 6697 Assistant U.S. Attorney Room 6-100, PJKK Federal Bldg. 300 Ala Moana Boulevard Honolulu, HI 96850-6100 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff UNITED STATES OF AMERICA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) Plaintiff, ) ) vs. ) ) YEONGBU KIM, ) ) Defendant. ) ) ) BANK OF HAWAII and ) FIRST HAWAIIAN BANK, ) ) Garnishees. ) _______________________________) UNITED STATES OF AMERICA, CIVIL NO. MC 07-00040 DAE LEK FINDINGS AND RECOMMENDATIONS GRANTING PLAINTIFF'S (1) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO BANK OF HAWAII, AND (2) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO FIRST HAWAIIAN BANK

FINDINGS AND RECOMMENDATIONS GRANTING PLAINTIFF'S (1) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO BANK OF HAWAII, AND (2) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO FIRST HAWAIIAN BANK On June 16, 2009, the Plaintiff UNITED STATES OF AMERICA filed an (1) Application for Writ of Continuing Bank 1

Garnishment; (2) Writ of Continuing Bank Garnishment; and (3) Clerk's Notice of Post-Judgment Garnishment and Instructions to Defendant-Judgment Debtor, against Defendant Yeongbu Kim, and Bank of Hawaii and First Hawaiian Bank. The Court held a hearing

on the Applications for Writ of Continuing Bank Garnishment on August 31, 2009, and having considered the record and arguments by counsel, the Court hereby makes the following findings and recommendations. FINDINGS OF FACT 1. This is a civil action brought by Plaintiff

UNITED STATES OF AMERICA ("Plaintiff") against Defendant Yeongbu Kim ("Defendant") to collect on two Health Education Assistance Loans ("HEAL") made by private lenders and assigned to the United States. 2. Defendant received two HEAL loans as authorized

under 42 U.S.C. § 294f and 42 CFR Subpart 60 in the amounts of $12,320.00 and $3,934.00 on August 12, 1992, and September 20, 1994, respectively. 3. On March 10, 2003, a Default Judgment Against

Defendant by Clerk, was entered against the Defendant in the Circuit Court of the First Circuit, State of Hawaii, and was registered on February 13, 2007, in the United States District Court, District of Hawaii, in the principal amount of $33,870.83; and interest thereon at the rate of 5.07 percent until the 2

judgment is satisfied. is $38,453.22. 4.

The amount due as of November 18, 2009,

On June 16, 2009, Plaintiff filed an (1)

Application for Writ of Continuing Bank Garnishment; (2) Writ of Continuing Bank Garnishment; and (3) Clerk's Notice of PostJudgment Garnishment and Instructions to Defendant-Judgment Debtor, against Defendant, and Garnishees Bank of Hawaii ("Garnishee Bank of Hawaii") and First Hawaiian Bank ("Garnishee First Hawaiian Bank"). 5. On July 6, 2009, Garnishee Bank of Hawaii filed

its Answer of the Garnishee Form, which stated that it had in its custody, control, or possession, Defendant's checking account in the amount of $432.19. 6. On July 7, 2009, Garnishee First Hawaiian Bank

filed its Answer of the Garnishee Form, which stated that it had in its custody, control, or possession, Defendant's checking account in the amount of $3,181.89. 7. On July 14, 2009, Defendant filed a Request for

Hearing Form regarding the Bank of Hawaii Application for Writ of Continuing Bank Garnishment. 8. On August 13, 2009, Defendant filed a Request for

Hearing Form regarding the First Hawaiian Bank Application for Writ of Continuing Bank Garnishment. 9. On August 17, 2009, Defendant filed a Statement 3

requesting that the amounts being withheld by Garnishee Bank of Hawaii and Garnishee First Hawaiian Bank be released to pay for house maintenance. 10. On August 31, 2009, the Court held a hearing on

the Applications for Writ of Continuing Bank Garnishments for Bank of Hawaii and First Hawaiian Bank. both Applications. RECOMMENDATIONS Based on the foregoing findings of fact, the Court makes the following recommendations: 1. Pursuant to 28 U.S.C. § 3205, the Application for Defendant objected to

Writ of Continuing Bank Garnishment as to Bank of Hawaii is granted. 2. Pursuant to 28 U.S.C. § 3205, the Application for

Writ of Continuing Bank Garnishment as to First Hawaiian Bank is granted. 3. Garnishee Bank of Hawaii shall pay the amount of

$432.19 to Plaintiff. 4. Garnishee First Hawaiian Bank shall pay the amount

of $3,181.89 to Plaintiff.

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5.

Garnishee Bank of Hawaii and Garnishee First

Hawaiian Bank shall make checks payable to the U.S. DEPARTMENT OF JUSTICE and mail the checks to: U.S. Attorney's Office Attn: Financial Litigation Unit PJKK Federal Building 300 Ala Moana Boulevard, Room 6-100 Honolulu, HI 96850 HONOLULU, HAWAII, November 25, 2009.

/S/ Leslie E. Kobayashi Leslie E. Kobayashi United States Magistrate Judge

_________________________________________________________________ United States of America v. Yeongbu Kim, Civil No. MC 07-00040 DAE LEK; PROPOSED FINDINGS AND RECOMMENDATIONS GRANTING PLAINTIFF'S (1) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO BANK OF HAWAII, AND (2) APPLICATION FOR WRIT OF CONTINUING BANK GARNISHMENT AS TO FIRST HAWAIIAN BANK

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