United States Ninth Circuit

The bankruptcy court's avoidance of a foreclosure sale is affirmed, where the lack of adequate public announcement that the foreclosure sale had been postponed violated Hawaii's nonjudicial foreclosure statute, and this defect was a deceptive practice under Hawaii law; but 2) the case is remanded to the bankruptcy court for a proper calculation of attorneys' fees and damages, where the bankruptcy court made no finding that the enumerated damages were caused by and fairly traceable to the mortgagee's improper postponement.

Appellate Information

• Decided 03/26/2012
• Published 03/26/2012

Judges

• Trott

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lissa D. Shults, Paul Alston