- 11 U.S.C.
Frances E. Bain Estate v. Hammen (In re Hammen)
Jan
23
2009
Ruling
Claim for trespass was not excepted from discharge absent evidence of willful or malicious conduct.
Procedural posture
Plaintiff, the estate of a deceased property owner, filed a complaint against defendant chapter 7 debtors, alleging that the debtors encroached on the owner's land when they constructed a pond on their adjacent property. It sought damages and an exception from discharge due to fraud or willful injury under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
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Court
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