Unpublished Disposition, 846 F.2d 1382 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 846 F.2d 1382 (9th Cir. 1988)

In Re KAU HUI, Debtor.KAU HUI, Plaintiff-Appellant,v.Paul DANG; Vivian Dang; Sanford Haseyama; RichardShiroma; Harold Chun; Shirley Chun; Wallace Tom; PaulineTom; Howard Lau; Carroll Taylor, in his capacity astrustee for Paul Dang, Vivian Dang, Stanford Dang, StanfordHaseyama, Richard Shiroma, Harold Chun, Shirley Chun,Wallace Tom, Pauline Tom, and Howard Lau, Defendants-Appellees.

Nos. 85-2729, 86-2060.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 8, 1988.Decided April 29, 1988.As Amended July 6, 1988.

Appeal from the United States Bankruptcy Court for the District of Hawaii; Martin Pence, District Judge, Sitting in Bankruptcy.

Before WALLACE, REINHARDT and NOONAN, Circuit Judges.

ORDER* 

Kau Hui, a partnership formed to purchase and develop a parcel of land on the Island of Hawaii, appeals an order dismissing Chapter 11 proceedings filed by the partnership. The bankruptcy court was correct, however, in concluding that Kau Hui had not complied with Bankruptcy Rule 1004 which requires a general partnership to obtain the consent of all of its general partners prior to filing a Chapter 11 petition. Because Kau Hui did not register as a limited partnership with the State of Hawaii as required under Hawaii Revised Statutes Sec. 425-22, it must be assumed to be a general partnership. All of its partners are therefore general partners. Kau Hui did not obtain the consent of these partners to the petition and consequently did not comply with the requirements for bankruptcy jurisdiction.

REMANDED WITH INSTRUCTIONS TO DISMISS.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

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