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Miller, In re--Countryside Serv. Co. v. Miller

Miller, In re--Countryside Serv. Co. v. Miller

Ruling
Debt was not excepted from defendant's Chapter 7 discharge as plaintiff failed to prove by a preponderance of the evidence that the injury was willful. (Bankr. N.D. Ohio) In an adversary proceeding where plaintiff sought an exception for the debt owed by defendant, the debt was not excepted from defendant's Chapter 7 discharge under 11 U.S.C. § 523(a)(6) because, although plaintiff proved by a preponderance of the evidence that the injury was malicious, it failed to prove by a preponderance of the evidence that the injury was willful under 11 U.S.C. § 523(a)(6). Miller, In re--Countryside Serv. Co. v. Miller, 2023 Bankr. LEXIS 401 (Bankr. N.D. Ohio February 14, 2023) (Whipple, B.J.).
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on February 14, 2023 , LexisNexis #0423-033