HSBC Bank USA v. McMillan

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-FEB-2025 02:55 PM Dkt. 63 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE OF J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, Plaintiff-Appellee, v. MARK ALLEN MCMILLAN, INDIVIDUALLY AND TRUSTEE FOR THE MCMILLAN ESTATE TRUST, AN IRREVOCABLE TRUST ESTATE DATED MARCH 13, 2011 also known as MARK ALLEN MCMILLAN, TRUSTEE FOR THE MCMILLAN ESTATE TRUST, Defendant-Appellant, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGEIT, INC.; UNITED STATES OF AMERICA; STATE OF HAWAII - DEPARTMENT OF TAXATION; EDWARD HAUSMAN; LORRAINE SILVA-HAUSMAN; THE PRINCIPALITY OF ALOHA; CROWN LAND ESTATE OF KAUIKEAOULI PROBATE ESTATE 2410 also known as THE CROWN ESTATE OF KING KAUIKEAOULI P-2410, A ROYAL PROBATE TRUST ESTATE RECEIVED IN ACCOMMODATION BY TRUSTEE, KAILINAMOIWALE PAIEA; INTERNATIONAL MONETARY FUND, Defendants-Appellees, and JOHN and MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS OR OTHER ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC171000387)

ORDER WITHDRAWING SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)

Upon review of the Notice of Filing of Bankruptcy Petition filed by HSBC Bank USA, National Association on February 3, 2025, it appears that Mark Allen McMillan filed a NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

petition for relief under Chapter 13 of the United States Bankruptcy Code (11 U.S.C. § 101 et seq.) on January 22, 2025, triggering the automatic stay provisions of 11 U.S.C. § 362; Therefore, IT IS HEREBY ORDERED that the Summary Disposition Order entered on January 31, 2025, is withdrawn. IT IS HEREBY FURTHER ORDERED that HSBC comply with Hawai#i Rules of Appellate Procedure Rule 54(b) concerning termination of, or other grant of relief by the federal district or bankruptcy court from, the stay of proceedings. DATED: Honolulu, Hawai#i, February 3, 2025.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge