Jeffery James Selner

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF HAWAII
In re:
JEFFERY JAMES SELNER,
Debtor.
Case No.: 25-00740
Chapter 7
Related: ECF 42
MEMORANDUM OF DECISION ON ATTORNEYS’ FEES
REQUESTED BY FIRST HAWAIIAN BANK
This decision addresses the attorneys’ fees claimed by First Hawaiian
Bank (“FHB”).
The trustee moved the court to approve a sale of the subject property,
to pay closing costs and real estate commissions, and to hold the remaining
sale proceeds subject to further court order. The motion did not seek
authority to pay the senior secured claim of FHB or a junior secured claim
Date Signed:
May 12, 2026
U.S. Bankruptcy Court - Hawaii #25-00740 Dkt # 60 Filed 05/12/26 Page 1 of 3

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of the Shiromas because there were unanswered questions about those
claims. No one filed an objection to the motion, and the court granted it.
Counsel for the trustee and FHB had fruitless and increasingly
acrimonious discussions about FHB’s claims. The Shiromas demanded
detailed information about FHB’s claims and were dissatisfied with FHB’s
response. FHB therefore filed a motion for payment of its claim.
Mr. Selner initially objected to the motion, but he withdrew that
objection after FHB provided additional information.
The Shiromas object to FHB’s claim on a wide variety of grounds. But
they lack standing to assert those objections. They have entered into a
settlement with the trustee that fixes the amount of their claims and
provides for full payment. Accordingly, they have no economic stake of
their own in the amount of FHB’s claims. They contend that they are
attempting to act in Mr. Selner’s interest because he is their friend. But Mr.
Selner has an attorney and is more than capable of protecting his own
interests. Moreover, the Shiromas’ objections have hurt Mr. Selner by
increasing FHB’s attorneys’ fees and reducing Mr. Selner’s net recovery.
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The trustee objects to a portion of FHB’s attorneys’ fees, contending
that FHB could have provided a payoff figure to escrow and been paid at
closing, obviating FHB’s motion. It is true that FHB probably could have
been paid sooner and at less expense if it had provided a payoff figure
more promptly. But some legal work still would have been necessary to
obtain a court order authorizing payment. Further, the Shiromas probably
would have objected to any agreement between the trustee and FHB,
necessitating additional attorneys’ fees. Moreover, Mr. Selner is the only
party with a real stake in FHB’s fees because the estate is solvent and only
he will bear those fees, and he no longer objects. The trustee’s effort to
protect all parties, including the debtor, is commendable, but in this
unusual case it is unnecessary.
I have carefully reviewed the timesheets and billing records of FHB
and I find that all of the services were necessary and reasonable under the
circumstances of this case. Accordingly, FHB is entitled to recover
attorneys’ fees and costs in the amount of $14,102.09.
END OF ORDER
U.S. Bankruptcy Court - Hawaii #25-00740 Dkt # 60 Filed 05/12/26 Page 3 of 3