§ 1328(a)(4)

Hilgartner, In re

Ruling: 
Debtor's objections to the creditor's claim was overruled as not barred by the parties’settlement agreement and it was not required that damages be awarded in a civil action beforea bankruptcy case was filed. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 05,2020, LexisNexis #0920-072

Denson, In re--Michael v. Denson

Ruling: 
Debt was excepted from discharge where debtor's actions caused personal injury to creditor.(Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-096

Szewc, In re--Krein v. Szewc

Ruling: 
Court concluded that a portion of the judgment debt was nondischargeable where creditors proved that the interference with their personal rights caused by debtors' willful or malicious conduct was substantial. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on March 06,2017, LexisNexis #0417-055

Sales v. Bailey (In re Bailey)

Ruling: 
Overtime claims were not excepted from discharge as based on economic rather than personal injury.
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Consumer case opionion summary, case decided on March 03,2016, LexisNexis #0316-137

Seubert v. Deluty (In re Deluty)

Ruling: 
Default judgment under state and city nondiscrimination laws was nondischargeable.
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Consumer case opionion summary, case decided on October 09,2015, LexisNexis #1115-032

Enigami Sys. v. Baca (In re Baca)

Ruling: 
Nondischargeability under §1328(a)(4) was limited to natural, living individuals.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0914-063

Bailey v. Digirolamo (In re Digirolamo)

Ruling: 
Judgment for battery was nondischargeable.
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Consumer case opionion summary, case decided on January 17,2014, LexisNexis #0214-068

Dorris v. Chacon (In re Chacon)

Plaintiff, a mentally disabled woman ("victim"), filed an adversary proceeding by and through her guardian, seeking a determination that claims she filed against defendant Chapter 13 debtor in a New Mexico court were nondischargeable under 11 U.S.C.S. § 1328(a)(4), and an order granting relief from the automatic stay so she could proceed with an action that was filed in state court. The victim filed a motion for summary judgment.
Ruling: 
Relief from stay granted to allow sexual assault victim to pursue civil case against debtor who pled guilty to criminal charges.
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Consumer case opionion summary, case decided on October 01,2010, LexisNexis #1110-064

Woods v. Roberts (In re Roberts)

Creditor, a police officer who had been working as an off-duty private security guard, asserted that her claim against the chapter 13 debtor for battery was nondischargeable, pursuant to 11 U.S.C.S. § 1328(a)(4). The creditor moved for summary judgment.
Ruling: 
Personal injury claim resulting from debtor's willful battery of creditor security guard was nondischargeable.
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-101

Morrison v. Harrsch (In re Harrsch)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that her pending tort claim against the debtor for personal injury was not dischargeable under 11 U.S.C.S. § 1328(a)(4) based on willful or malicious conduct of the debtor. The debtor moved to dismiss the complaint for failure to state a claim.
Ruling: 
Creditor could seek nondischargeability of damages for willful and malicious injury awarded after commencement of debtor's case.
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Consumer case opionion summary, case decided on January 19,2010, LexisNexis #0210-129

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