- 11 U.S.C.
Nason, In re--Albert v. Nason
Sep
08
2023
Ruling
Judgment debt was nondischargeable on grounds of willful and malicious injury due to thepreclusive effect of the state court judgment. (Bankr. D. Me.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Redjal, In re
Sep
05
2023
Ruling
Court was unable to construe a pro se creditor's document as a complaint objecting to thedischargeability of the creditor's state court judgment as it did not contain any of the elementsrequired under Fed. R. Civ. P. 8(a). (Bankr. C.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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:
- 11 U.S.C.
Preciado, In re--Royal Inv. Props., LLC v. Preciado
Sep
05
2023
Ruling
Claim for rent by the buyer of the debtor's home at a foreclosure sale was non-dischargeableas the debtor's actions were willful and malicious and debtor failed to establish just cause orexcuse for her injurious actions. (Bankr. S.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Allen, In re--Silver-Hacker v. Allen
Aug
04
2023
Ruling
Debt was nondischargeable as debtor acted willfully and maliciously in failing to return theartwork that was property of a decedent's estate. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Adair, In re--Stutsman Constr., LLC v. Adair
Jul
14
2023
Ruling
Judgment creditor's debt was nondischargeable on account of alleged willful and maliciousinjury based on the creditor's testimony as to the work completed and its significant financialinjury suffered by not getting paid in full. (Bankr. M.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Allen, In re--Silver-Hacker v. Allen
Jun
05
2023
Ruling
Summary judgment based on the plaintiff's claim that the debt was nondischargeable was warranted only in part as the probate court judgment had preclusive effect only with respect to the issues of whether the defendant-debtor "caused" an injury. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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:
- 11 U.S.C.
Paczkowski, In re--Garven v. Paczkowski
May
22
2023
Ruling
Creditors were not entitled to summary judgement in nondischargeability proceeding on grounds of embezzlement or larceny as the debtor's conduct could not constitute larceny or embezzlement as a matter of law. (Bankr. D. Minn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Mulholland, In re
May
19
2023
Ruling
Defendant was collaterally estopped from arguing against the exception to discharge as the issue of willful or malicious injury was resolved by a consent judgment in a prior proceeding. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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:
- 11 U.S.C.
Gross, In re
May
05
2023
Ruling
Collateral estoppel barred re-litigation of the issue of willfulness previously determined in a binding arbitration between the same parties. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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:
- 11 U.S.C.
Charles v. Banner
Apr
24
2023
Ruling
Judgment creditor failed to establish that damages awarded for malicious prosecution were due to willful conduct. (Bankr. D. Nev.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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