Christopher John Mann

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF HAWAII
In re:
CHRISTOPHER JOHN MANN,
Debtor.
Case No.: 24-00146
Chapter 13
Related: ECF 139
MEMORANDUM DECISION REGARDING
DEBTOR’S MOTION TO APPROVE SALE
Debtor Christopher John Mann’s Motion to Approve Sale came on for
hearing on February 24, 2026. Donald L. Spafford, Jr. Esq. appeared for the
debtor, Dennis W. King, Esq. appeared for creditor Milagros Rivera.
Trustee Nima Ghazvini also appeared. The matter was taken under
advisement.
Date Signed:
February 26, 2026
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I. 	DISCUSSION
When Christopher John Mann filed his chapter 13 petition, he
scheduled an ownership interest in a Las Vegas condominium. His sworn
schedules say that he owned the condominium as a “joint tenant” with a
non-debtor. He did not check the box to claim that the condominium was
community property. ECF 1 at 12. He disclosed that Milagros Rivera had a
judgment lien against the condominium to secure a claim of $188,724.60
that he incurred in August 2023. ECF 1 at 20.
Ms. Rivera’s claims against Mr. Mann arise out of a settlement
agreement that they made when they were divorced in 1985. Mr. Mann
agreed that Ms. Rivera was entitled to a portion of his military pension.
Claim 6-1 at 80-81, 93-94. But Mr. Mann paid only a fraction of that share.
Id. at 96. Ms. Rivera sued Mr. Mann in Hawaii state court and recovered a
judgment against Mr. Mann (but not his wife) for $151,552.95 in 2021. ECF
55, Claim 6-1 at 118.
Ms. Rivera then domesticated her judgment in Nevada and
successfully sued to avoid two conveyances of the Las Vegas
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condominium. This restored ownership in Mr. Mann and his current wife
as joint tenants.
Ms. Rivera filed proofs of claim in this bankruptcy case. After the
court decided Mr. Mann’s objections to those claims, Ms. Rivera was left
with a secured claim against Mr. Mann’s half interest in the Las Vegas
condominium based on the judgment, in an amount equal to the value of
that interest. Claim 6-2 and ECF 89.
The litigation between Mr. Mann and Ms. Rivera continued in the
bankruptcy case. Eventually, the court confirmed a chapter 13 plan that
required Mr. Mann and his wife to file a motion by September 1, 2025, for
authority to sell the Las Vegas condominium. The plan also provides that
Ms. Rivera’s secured claim would be paid “from the debtor’s share of net
sale proceeds.” ECF 109 at 2. Nothing in the plan or any order of this court
required Mrs. Mann to use any of her share of the net proceeds to pay Ms.
Rivera or any other separate debt of Mr. Mann.
Mr. Mann’s failure to sell the Las Vegas condominium timely led to
further litigation. Eventually, Mr. Mann found a buyer and filed a motion
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to sell the property. ECF 139. But the sale price was less than Mr. Mann or
Ms. Rivera had hoped for, so Mr. Mann’s share of the net sale proceeds will
not be sufficient to pay off Ms. Rivera’s secured claim.
At the hearing on the motion, Ms. Rivera objected to the sale. ECF
147. She said she would not agree to the sale unless her claims were paid in
full. She suggested that the chapter 13 trustee’s fees could be paid out of
Mrs. Mann’s share of the proceeds. Mr. Mann’s attorney argued that Mrs.
Mann’s share of the proceeds could not be used to pay Mr. Mann’s debts or
the expenses of his bankruptcy case.1
Ms. Rivera’s situation is sympathetic because there is no doubt that,
for many years, Mr. Mann has mistreated his ex-wife. But, as Ms. Rivera’s
attorney conceded at the hearing, there is no legal basis to require Mrs.
Mann to pay separate debts that Mr. Mann owes to his ex-wife.
The court can authorize a sale of the Las Vegas condominium even
though Ms. Rivera does not consent. Property can be sold in bankruptcy
1 Mr. Mann’s counsel asserted at the hearing that the Las Vegas property is community property. This is
inconsistent with Mr. Mann’s schedules and prior statements in the case. But the difference between
community and joint property is not relevant because, in either case, Mrs. Mann’s interest is not subject to
Mr. Mann’s separate debts.
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free and clear of an interest if the holder of such interest “could be
compelled, in a legal or equitable proceeding to accept a money satisfaction
of that interest.” 11 U.S.C. § 363(f)(5). The holder of a judgment lien can be
compelled to accept a money payout in a foreclosure proceeding
commenced by a senior lienholder.
Ms. Rivera also argues that the price is too low. The sale price is
$225,000, while Mr. Mann recently obtained a broker’s opinion that the
condominium is worth $245,000. It is undisputed, however, that the
condominium has been on the market for many months, that Ms. Rivera
has consistently argued (until now) that Mr. Mann should reduce the list
price, and no other viable offer has been made. There is no request for an
evidentiary presentation and no plausible basis on which to conclude that
the price is too low.
II. CONCLUSION
Therefore, I will grant the motion. The proceeds of sale shall be
disbursed as set forth in the confirmed plan and the chapter 13 trustee’s
fees shall be calculated based on amounts disbursed in Mr. Mann’s case.
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Mr. Mann’s counsel shall draft a proposed order and circulate it for
approval as to form in the usual manner.
END OF ORDER
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