Legal Opinion
Hawks Holdings, LLC v. Kalinowski (In re Kalinowski)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided November 14, 2012No. BAP No. NM-12-017; Bankruptcy No. 09-12234; Adversary No. 09-01123PublishedCited by 8 opinions
1Opinion of the Court
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. K2 was formed in 2007 as a New Mexico limited liability company, and held a general contractor’s license issued under the New Mexico Construction…
2Cases cited13 opinions
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- In Re Kurtis George Kaspar and Linda Ann Kaspar, Debtors, Bellco First Federal Credit Union v. Kurtis George Kaspar and Linda Ann KasparCourt of Appeals for the First Circuit · 1997
- Bombardier Capital, Inc. v. Tinkler (In Re Tinkler)United States Bankruptcy Court, D. Colorado · 2004
- Holaday v. Seay (In Re Seay)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- Stinson v. BerryNew Mexico Court of Appeals · 1997
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Duggins v. Bratt (In re Bratt)United States Bankruptcy Court, D. Kansas · 2013
- Matthews v. Nealon (In re Nealon)United States Bankruptcy Court, D. Massachusetts · 2015
- Richardson v. Mills (In re Mills)United States Bankruptcy Court, D. Massachusetts · 2016
- Griego v. Gonzales (In re Gonzales)United States Bankruptcy Court, D. New Mexico · 2012
- State v. KalinowskiNew Mexico Court of Appeals · 2019
3 more not listed; retrieve them via the Exa API.