Gilliam v. Robinson

UNITED STATES BANKRUPTCY COURT
DISTRICT OF HAWAII
In re:
WILLIAM HOWARD GILLIAM,
Debtor.
Case No.: 25-00996
Chapter 13
WILLIAM HOWARD GILLIAM,
Plaintiff,
vs.
GEORGE (RICK) ROBINSON,
Defendant.
Adv. Pro. No.: 25-90016
Related: ECF 13
ORDER DENYING MOTION TO RECONSIDER
Debtor William Howard Gilliam filed an adversary proceeding against
Date Signed:
January 16, 2026
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George (Rick) Robinson (“Defendant”) on November 11, 2025.1 I dismissed
Mr. Gilliam’s adversary proceeding pursuant to Local Bankruptcy Rule
(“LBR”) 7001-2 because the underlying bankruptcy case had been dismissed
and the adversary complaint asserted state law causes of action which can be
litigated in state court.
Mr. Gilliam has sought reconsideration of my decision to dismiss his
adversary but fails to set forth any plausible reason to set aside the
dismissal.2 He moves for reconsideration pursuant to Fed. R. Bankr. P. 9023
(incorporating Fed. R. Civ. P. 59) and Fed. R. Bankr. P. 9014. Rule 9014
provides the procedural framework for contested matters and does not offer
a substantive basis for reconsideration. Applying the Ninth Circuit standard
for reconsideration under Rule 59(e), the moving party must demonstrate (1)
newly discovered evidence, (2) that the court committed clear error, or (3) an
intervening change in controlling law.3 He does not offer any newly
1 ECF 1.
2 ECF 13. Mr. Gilliam describes his motion as “Motion Pursuant to FRCP 59 and BR 9014.” The substance of
his motion asks the court to reconsider its December 24 decision, so the court will treat it as a motion to
reconsider.
3 See Kona Enters., Inc. v. Est. of Bishop, 229 F.3d 877 (9th Cir. 2000) (listing the three limited grounds upon
which a motion for reconsideration may be granted).
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discovered evidence or argue that the law has changed. He has not identified
any mistake of fact or law that would rise to the level of clear error.
Mr. Gilliam argues that the order was clearly erroneous because no
court other than the bankruptcy court can adjudicate his claims that the
Defendant violated the automatic stay, but Mr. Gilliam’s stay violation
claims are not supported or plausible.
To establish a stay violation, the debtor must show that the automatic
stay was in effect and that the defendant took an action prohibited by 11
U.S.C. § 362. The dismissal of the bankruptcy case does not necessarily
excuse any violations of the automatic stay that occurred while the case was
pending. But the plaintiff must first establish that a stay violation actually
occurred.
Mr. Gilliam asserts that the Defendant violated the automatic stay
when a writ of possession of real property located at 5050 Lawai Road (“the
Property”) was served on him on November 4, 2025.4 He presents as
4 ECF 13 at 37–38 (Exhibit Four).
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“Exhibit Three” a doorbell camera log, showing activity on the same date.5
But the automatic stay did not go into effect until the next day, November 5,
2025, when Mr. Gilliam filed his bankruptcy petition.6 Because the automatic
stay was not yet in effect on November 4, this act could not have violated the
stay.
Mr. Gilliam further states that he learned on November 5 that the locks
of the Property had been changed. But he offers no evidence that the locks
were changed after he filed his petition, and it is almost certain that they
were changed on November 4, when the writ of possession was served.
Therefore, he offers no evidence that the changing of the locks violated the
automatic stay.
Mr. Gilliam also states that, on November 6, he asked the Defendant to
return him to possession and the Defendant refused.7 But a simple refusal to
return possession that was lawfully taken before the filing does not violate
5 ECF 13 at 36 (Exhibit Three).
6 Under section 362(a), the “petition . . . operates as a stay . . . .” This means that the automatic stay does not
come into effect until the moment the bankruptcy petition is filed.
7 ECF 13 at 30 (Exhibit One).
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the automatic stay.8
Additionally, it appears that Mr. Gilliam has no protected interest in
the Property. This court decided in Mr. Gilliam’s prior chapter 13 case that
he did not own the Property, and the Ninth Circuit affirmed that decision.9
The issuance and service of the writ of possession probably extinguished any
remaining possessory interest he had in the Property as a matter of Hawaii
law. The automatic stay did not protect his continuing unlawful possession
of the Property.10
Mr. Gilliam asserts that he was arrested on December 1, 2025, and that
his arrest constituted a violation of the automatic stay.11 But the automatic
stay does not apply to criminal proceedings.12
Even if there were a stay violation, Mr. Gilliam has not offered any
8 City of Chicago v. Fulton, 592 U.S. 154 (2021) (holding that mere retention of estate property after the filing
of a bankruptcy petition is not an act to exercise control in violation of the automatic stay).
9 Gilliam v. Robinson (In re Gilliam), No. CV 20-00194 JMS-WRP, 2020 WL 5848340 (D. Haw. Oct. 1, 2020) aff’d,
859 Fed. Appx. 832 (9 th Cir. 2021).
10 Eden Place v. Perl (In re Perl), 811 F.3d 1120, 1130 (9 th Cir. 2016) (holding that the debtor had no legal or
equitable interest remaining in the property after issuance of the unlawful detainer judgment and writ of
possession in state court).
11 ECF 13 at 32–35.
12 Gruntz v. County of Los Angeles (In re Gruntz), 202 F.3d 1074 (9th Cir. 2000) (holding that the automatic stay
does not apply against state court criminal proceedings against the debtor, even if the purpose of the
criminal proceedings is debt collection).
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evidence or sufficient allegation that he suffered compensable damages.
The court finds no clear error in its original determination that
dismissal was appropriate. Therefore, Mr. Gilliam’s motion for
reconsideration is DENIED.
END OF ORDER
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