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Rucker v. Kercheval (In re Kercheval)

Rucker v. Kercheval (In re Kercheval)

Ruling
Debts were dischargeable absent evidence of fraudulent intent or intent to cause willful and malicious injury.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(6) based on willful and malicious injury, and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false oaths. The creditor also objected to the debtor's claimed exemption in a life insurance policy.

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Consumer opinion summary, case decided on September 24, 2009 , LexisNexis #1109-019