- 11 U.S.C.
Shepard v. OQuinn (In re OQuinn)
Aug
09
2007
Ruling
Judgment debt based on employer debtor's failure to apply ERISA deductions to employee's health insurance premiums was nondischargeable.
Procedural posture
Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a default judgment debt for the creditor's medical expenses, based on the debtor's failure to maintain health insurance, was nondischargeable under 11 U.S.C. § 523(a)(4) and (6) for fiduciary defalcation and willful and malicious injury. The debtor moved to dismiss the complaint.
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Court
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