Schmidt v. Bauer (In re Bauer)

Pre 2005-Act: 
Pre 2005-Act
State court judgments were not excepted from discharge since judgments did not establish fraudulent intent or malice or willful and malicious injury under same standard as required under section 523(a).
Procedural posture: 
Plaintiff creditor filed a motion for summary judgment on his action for a determination that a judgment debt based on a state court finding of conversion by defendant debtor was excepted from discharge, pursuant to 11 U.S.C.S. § 523(a)(4) and (6). The creditor alleged that the judgment established larceny or embezzlement under section 523(a)(4), and the finding of legal malice established willful and malicious injury under section 523(a)(6).
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