- 11 U.S.C.
Duncan v. Duncan (In re Duncan)
May
24
2006
Ruling
Dischargeability of wrongful death damages award was not collaterally estopped since the judgment was based on a different legal standard than section 523(a)(6)'s willful and malicious injury standard.
Procedural posture
Appellant estate administrator sought review of an order of the District Court for the Eastern District of Virginia, which granted summary judgment to appellee debtor in an adversary proceeding brought by the bankruptcy estate to challenge the dischargeability of a judgment debt owed by the debtor arising out of a state wrongful death action.
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