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IN RE HONKANEN

BAP No. EC 10-1102-ZJuMk. Bankruptcy No. 08-26680. Adversary No. 08-02469.

446 B.R. 373 (2011)

In re Theodore E. HONKANEN and Marcella J. Honkanen, Debtors. Marcella J. Honkanen, Appellant, v. J. Michael Hopper, in his capacity as Chapter 7 Trustee for Susan J. Archer, Respondant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Gregory Joseph Hughes, Esquire appeared for appellant Marcella J. Honkanen.

J. Russell Cunningham appeared for appellee J. Michael Hopper.

Before: ZIVE, JURY, and MARKELL, Bankruptcy Judges.

OPINION

ZIVE, Bankruptcy Judge.

OVERVIEW

Marcella Honkanen ("Honkanen") appeals a memorandum decision holding her liable for fraud while acting in a fiduciary capacity under 11 U.S.C. § 523(a)(4).2 Honkanen raises three issues on appeal: 1) whether the bankruptcy court erred in determining that the "fiduciary capacity" requirement of 11 U.S.C. § 523(a)(4) was satisfied, 2) whether the bankruptcy court erred...

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