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IN RE METROPOLITAN MORTG. & SECURITIES, CO., INC.

Bankruptcy No. 04-00757. Adversary Nos. 09-90020, 09-90053.

427 B.R. 522 (2010)

In re METROPOLITAN MORTGAGE & SECURITIES, CO., INC. and Summit Securities, Inc., Debtors. Summit Creditors' Trust, Plaintiff, v. Hawaii Forest Preservation, LLC; Ohana Sanctuary, LLC; Beverly Ing Lee; Finance Factors, Limited; D. Buyers Enterprises, LLC; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50 and Doe Governmental Units 1050, Defendants. Finance Factors, Limited, Plaintiff, v. Summit Creditors' Trust; Hawaii Forest Preservation, LLC also known as Hawaii Forest Preservation LLC; Ohana Sanctuary, LLC; Kyle E. Dong; HHI-L Enterprises, LLC; HHI-B Enterprises, LLC; Kauilani Ewa, LLC; DHI Development, LLC; Kauilani Management, Inc.; Lowell C.E. Ing; Beverly Ing Lee; D. Buyers Enterprises, LLC; GBBY Ewa Limited Partnership; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50 and Doe Governmental Units 1-50, Defendants.

United States Bankruptcy Court, D. Hawai`i.

February 10, 2010.

Attorney(s) appearing for the Case

Alston Hunt Floyd & Ing, Attorneys at Law, Paul Alston, Malia E. Kakos, Honolulu, HA, for Defendant GBBY Ewa Limited Partnership.

Keith Y. Yamada, Theodore D.C. Young, Teri-Ann E.S. Nagata, Lori K. Amano, for Plaintiff Finance Factors, Limited.

Susan Tius, Cheryl A. Nakamura, for Defendant Summit Creditors' Trust.

Gary G. Grimmer, for Defendant D. Buyers Enterprises, LLC.

John Y. Yamano, Clifford J. Miller, for Defendant Ohana Sanctuary, LLC.

Henry F. Beerman, for Defendant Beverly Ing Lee.

FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF FINANCE FACTORS, LIMITED'S MOTION FOR SUMMARY JUDGMENT AND INTERLOCUTORY DECREE OF FORECLOSURE, AND ORDER GRANTING DEFENDANT GBBY EWA LIMITED PARTNERSHIP'S COUNTER MOTION FOR SUMMARY JUDGMENT AND INTERLOCUTORY DECREE OF FORECLOSURE; EXHIBITS "A-1"— "A-3"

ROBERT J. FARIS, Bankruptcy Judge.

Plaintiff Finance Factors...

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