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IN RE MANUEL

SCCQ-21-0000462.

526 P.3d 267 (2023)

IN RE: Jasper Cesar MANUEL, Debtor, Plaintiff-appellee. Richard A. Yanagi, Chapter 7 Trustee, v. Bank of America, N.A., Defendant-Appellant.

Supreme Court of Hawai`i.

As Corrected March 10, 2023.

Attorney(s) appearing for the Case

Patricia J. McHenry , Honolulu, and Allison Mizuo Lee , for defendant-appellant.

Van-Alan H. Shima , James J. Bickerton , Honolulu, and Bridget G. Morgan-Bickerton , for plaintiff-appellee.

RECKTENWALD, C.J., McKENNA, WILSON, AND EDDINS, JJ., AND CIRCUIT JUDGE OCHIAI, IN PLACE OF NAKAYAMA, J., RECUSED.

I. Introduction

The United States Bankruptcy Court for the District of Hawai`i ("bankruptcy court") certified two questions to this court, which we have determined are amenable to answer. Those questions are

1. Whether an action alleging a wrongful nonjudicial foreclosure of Land Court

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