Bankr. No.:
22-40301
Adv. No.:
22-4003
Chapter:
7
Date of Decision:
April 26, 2024
Issue:
Whether the judgment creditor plaintiff was entitled to summary judgment concerning the nondischargeability of his claim under 11 U.S.C. §523(a)(6)?
Ruling:
The Court granted the motion for summary judgment in part and denied it in part. The debtor-defendant’s pre-petition guilty plea to “reckless burning” under S.D.C.L. §22-33-9.3 and his prior state court testimony prevented him from relitigating the “injury” and “willful” elements of the plaintiff’s claim under §523(a)(6) because of collateral estoppel, and the plaintiff was entitled to summary judgment on these elements. However, the plaintiff was not entitled to summary judgment on the “maliciousness” element and still bears the burden of proving this component of his claim under §523(a)(6).
Full Bankruptcy Court Decision:
