Robert J. Faris
How Judge Faris rules, drawn from 13 signed orders. Every observation links to the order it came from.
About Judge Faris
Robert J. Faris joined the United States Bankruptcy Court for the District of Hawaii in 2002. Before his appointment, he practiced bankruptcy, insolvency, and commercial litigation in Honolulu. He now serves as a recalled bankruptcy judge.
Judge Faris's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Faris's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Faris decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When two junior lienholders can each demand marshaling, proportional allocation can protect both from the senior creditor and from each other.
“The proportionality approach protects both junior liens from the senior creditor’s unbridled discretion and from each other, and provides for a neutral, fair, easily administered rule.”
Procedural preferences
A pending appeal prevents the bankruptcy court from altering the precise bond disposition under appellate review.
“A pending appeal divests a bankruptcy court of jurisdiction to vacate or modify an order which is on appeal.”
In one Cuzco dismissal ruling, he allowed a third amended complaint after dismissing some claims because new counsel indicated the pleading might be streamlined.
“Nevertheless, I will grant leave to file a third amended complaint, in large part because Tera's new counsel indicated at the hearing on the motion that, after consulting with his client, he might want to streamline the complaint in some respects.”
Cautions
Punitive or duplicative recovery requires an independent legal basis and proof beyond the underlying violation.
“the debtor is not entitled to an overlapping recovery on her various claims.”
A bankruptcy-services provider that takes fees, fails to perform promised work, and abandons a client can face both disgorgement and a deterrent civil penalty.
“By taking money to cover attorney’s fees and filing fee expenses without providing the promised services, Volks defrauded the Hanawahines.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The defendants’ motion to dismiss is granted as to count 1, and denied as to all other counts.”
“The trustee’s countermotion for partial summary judgment is granted to the following extent:”
“count 1 of the trustee’s complaints in the Kepoikai (10-90126), Starr (10-90130), and Kost (10-90131) cases, based on section 548 of the Bankruptcy Code, is dismissed”
“count 1 of the trustee’s complaint in the DeCoite case (10-90137) is dismissed as to all transfers that occurred more than two years before the petition date”
“Genuine issues of material fact preclude partial summary judgment on the question whether the ‘Unconditional Waiver and Release upon Final Payment’ is valid.”
“ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF FINANCE FACTORS, LIMITED’S MOTION FOR SUMMARY JUDGMENT”
“ORDER GRANTING DEFENDANT GBBY EWA LIMITED PARTNERSHIP’S COUNTER MOTION FOR SUMMARY JUDGMENT”
“a separate order will enter denying Maluhia’s motion for lack of subject matter jurisdiction.”
“The protective provisions of paragraphs 2 through 6 of the interim order (docket no. 1053) shall continue to apply.”
“I will not award attorneys’ fees or other sanctions at this time.”
“counsel for Ms. Domogma shall submit a separate and final judgment in favor of the defendant.”
“An award of reasonable attorneys’ fees and costs incurred as a result of C & W’s violation of the discharge injunction, including the fees incurred in this adversary proceeding, is an appropriate remedy.”
“Therefore, an award for damages as a result of emotional distress is not appropriate.”
“I am not convinced that C & W’s conduct was sufficiently egregious to justify a noncom-pensatory award.”
“The award of attorneys’ fees and costs is thus mandatory under section 523(d).”
“C & W must restore to Ms. Domogma any amounts that it collected from her on the Account, including any withheld wages, plus appropriate prejudgment interest.”
“The motion and countermotion are granted in part and denied in part as set forth above.”
“The Trust has established as a matter of law that Beecher may recover interest on its domesticated judgment at the six percent rate ordered by the Japanese court.”
“Because Ameriquest and WM failed to comply with the nonjudicial foreclosure statute and the power of sale contained in the Mortgage, the foreclosure sale is void.”
“Therefore, the turnover count shall be dismissed as moot.”
“the money judgment will be in the amount of $417,761.66 (plus $2,700 per month)”
“No damages for emotional distress will be awarded.”
“There will be no punitive damages”
“Plaintiff is entitled to an injunction requiring WM to reconvey the Mortgaged Property to the debtor”
“The debtor is entitled to recover reasonable attorneys’ fees and costs under Haw.Rev.Stat. § 607-14.”
“the Volks’ Retainer Agreement with the Hanawahines is void, and the $1,615 in attorney’s fees (and costs) paid by the Hanawahines to Volks is to be returned to them.”
“Volks and Woo shall be ordered to pay the amount garnished, $1,437, multiplied by three (i.e., $4,311), as a civil penalty to deter future similar misconduct by them and others.”
“I will grant the motion in part, to the extent set forth below.”
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