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Thompson v. Brookshire (In re Brookshire)

Thompson v. Brookshire (In re Brookshire)

Ruling
Damages award from a breach of fiduciary duty and conversion action was deemed nondischargeable since the state court's finding that the debtor had harmed the decedent financially and physically supported a finding that the debtor had acted willfully and maliciously.
Procedural posture

Plaintiffs, an administrator and a son, filed a motion for summary judgment in their adversary proceeding alleging that a state court judgment against defendant debtor for compensatory and punitive damages resulting from a breach of fiduciary duty and conversion was nondischargeable, pursuant to 11 U.S.C. § 523(a)(6).

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opinion summary, case decided on January 10, 2006 , LexisNexis #0206-038