Barnes v. Sea Hawaii Rafting, LLC et al

Filing 337

DIRECTIVE TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII. Excerpt of the Court's directive:"Pursuant to the decision of the Ninth Circuit in Barnes v. Sea Hawaii Raf ting, LLC, 889 F.3d 517 (9th Cir. 2018), this Court directs that the bankruptcy court transfer to this Court the $10,000.00 in rental income which the bankruptcy court received for use of the M/V Tehani, and which this Court understands is held in the bankruptcy proceedings involving Sea Hawaii Rafting, LLC (Bankr. Case No. 14-01520).""The Court notes that these funds will then be available to Plaintiff Barnes to proceed with his intended pursuit of the seizure of the M/V Tehani, including funds to prepay the required fees for seizure under the admiralty rules."IT IS SO ORDERED. Signed by JUDGE ALAN C. KAY on 6/29/2018. (afc) Chapter 13 BK # 14-01475COURTS CER TIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). U.S. Bankruptcy Court for the District of Hawaii served electronically via NEF

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
)
)
Plaintiff,
)
)
v.
)
)
SEA HAWAII RAFTING, LLC, )
KRIS HENRY, M/V TEHANI, )
et al.
)
)
Defendants.
)
)
CHAD BARRY BARNES,

Civ. No. 13-00002 ACK-RLP

DIRECTIVE TO THE UNITED STATES
BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII
Pursuant to the decision of the Ninth Circuit in
Barnes v. Sea Hawaii Rafting, LLC, 889 F.3d 517 (9th Cir. 2018),
this Court directs that the bankruptcy court transfer to this
Court the $10,000.00 in rental income which the bankruptcy court
received for use of the M/V Tehani, and which this Court
understands is held in the bankruptcy proceedings involving Sea
Hawaii Rafting, LLC (Bankr. Case No. 14-01520).

See, e.g.,

Barnes, 889 F.3d at 524, 532-35.
The Court understands that the bankruptcy court
indicated in its Memorandum of Decision on Motions for Relief
from Stay and Barton Doctrine and for Sanctions, filed on May
21, 2018, that it found no authority as to whether or not
Plaintiff Barnes is entitled to such rental income.

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Bankr. Case

No. 14-01520, Dkt. No. 300 at p. 9 n.26.

However, the Ninth

Circuit held in its decision that the M/V Tehani had been in the
constructive control of this Court, that this Court’s
jurisdiction over the vessel was exclusive, and that the
bankruptcy court lacked jurisdiction over the vessel.
889 F.3d at 524, 532-35.

Barnes,

Accordingly, it appears appropriate

that the $10,000.00 in rental income from use of the M/V Tehani
should be transferred to this Court.
The Court notes that these funds will then be
available to Plaintiff Barnes to proceed with his intended
pursuit of the seizure of the M/V Tehani, including funds to
prepay the required fees for seizure under the admiralty rules.
IT IS SO ORDERED.
DATED:

Honolulu, Hawaii, June 29, 2018.

________________________________
Alan C. Kay
Sr. United States District Judge

Barnes v. Sea Hawaii Rafting, LLC, Kris Henry, M/V Tehani, et al., Civ. No.
13-00002 ACK-RLP, Directive to the United States Bankruptcy Court for the
District of Hawaii.

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