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IN RE KALINOWSKI

BAP No. NM-12-017. Bankruptcy No. 09-12234. Adversary No. 09-01123.

482 B.R. 334 (2012)

In re William Francis KALINOWSKI and Andrea Jane Kalinowski, Debtors. In re Stephen John Kalinowski and Karen Dieter Kalinowski, Debtors. Hawks Holdings, LLC, a Nebraska limited liability corporation, Plaintiff-Appellee, v. William Francis Kalinowski, Defendant-Appellant, and Andrea Jane Kalinowski, Defendant. Hawks Holdings, LLC, a Nebraska limited liability corporation, Plaintiff, v. Karen Dieter Kalinowski and Stephen John Kalinowski, Defendants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

November 14, 2012.

Attorney(s) appearing for the Case

Bonnie B. Gandarilla (George M. Moore with her on the brief) of Moore, Berkson & Gandarilla, P.C., Albuquerque, NM, for Defendant-Appellant.

Christopher M. Grimmer of Scheuer, Yost & Patterson, A Professional Corporation, Santa Fe, NM (James P. Waldron of Gross & Welch, P.C., L.L.O., Omaha, Nebraska, with him on the brief) for Plaintiff-Appellee.

Before THURMAN, Chief Judge, BROWN, and SOMERS, Bankruptcy Judges.

THURMAN, Chief Judge.

This case involves dischargeability of a debt owed by an individual debtor based on breach of fiduciary duty by a limited liability company building contractor that debtor admitted he "controlled."

I. BACKGROUND

In 2008, Appellee Hawks Holdings, LLC ("Hawks") contracted with K2 Construction Company, LLC ("K2") to build three homes on property Hawks owned near Santa Fe, New Mexico, for a contract price of more than $3.6 million...

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