In Re Thc Financial Corp.

686 F.2d 799 Bankr. L. Rep. P 69,004 In re THC FINANCIAL CORP., A Hawaii Corporation, Debtor. EMPLOYEES' RETIREMENT SYSTEM OF the STATE OF HAWAII, Appellant, v. J. Carl OSBORNE, Trustee in reorganization for the THC Financial Corp., A Hawaii Corporation, Appellee. No. 81-4358. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 22, 1982. Decided Sept. 8, 1982. H. William Burgess, Honolulu, Hawaii, for appellant. Tamotsu Tanaka, Honolulu, Hawaii, for appellee. Appeal from the United States Bankruptcy Court for the District of Hawaii. Before SCHROEDER, NELSON, and BOOCHEVER, Circuit Judges. NELSON, Circuit Judge: 1 Appellant, Employee Retirement System (ERS), seeks review of a district court decision enjoining it from proceeding in an action against the trustee in bankruptcy of THC Financial Corp. (THC), and declining to hear its claim in the bankruptcy action. The district court found that ERS's action against THC's trustee could not be filed without leave of the court, and enjoined the action; it also denied ERS leave to file the claim in the bankruptcy proceeding because it was untimely. We affirm in part and vacate and remand in part. FACTUAL AND PROCEDURAL…