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IN RE HAWAIIAN TELCOM COMMUNICATIONS, INC.

Bankruptcy No. 08-02005. Adversary No. 11-90013.

483 B.R. 217 (2012)

In re HAWAIIAN TELCOM COMMUNICATIONS, INC., Debtor. Shults & Tamm, A Law Corporation, Litigation Trustee, Plaintiff, v. Loren D. Tobey, Defendant.

United States Bankruptcy Court, D. Hawaii.

April 6, 2012.

Attorney(s) appearing for the Case

Christopher J. Muzzi , Tsugawa Biehl Lau & Muzzi, LLLC, Honolulu, HI, for Plaintiff.

Gregory W. Kugle , Michael A. Yoshida , Noelle B. Catalan , Damon Key Leong Kupchak Hastert, Honolulu, HI, for Defendant.

MEMORANDUM DECISION CONCERNING PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S IN PARI DELICTO DEFENSE

LLOYD KING, Bankruptcy Judge.

I. INTRODUCTION

This is an adversary proceeding in bankruptcy. Fed. R. Bankr.P. 7001. Plaintiff is a litigation trustee, appointed pursuant to Debtor's confirmed chapter 11 plan of reorganization. Defendant is a former Vice President and Chief Information Officer, of Debtor.1

Plaintiff...

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