- 11 U.S.C.
In re Hettler
Oct
14
2005
Ruling
State jury findings of actual malice sufficiently established willful and malicious injury under the Code and thus judgment was nondischargeable.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, alleging that the creditor's state court judgment against the debtors established willful and malicious injury to the creditor and thus the judgment debt was not dischargeable under 11 U.S.C. § 523(a)(6) based on collateral estoppel. The creditor moved for summary judgment.
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Court
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