Bankr. No.:
98-30047
Adv. No.:
98-3014
Chapter:
7
Date of Decision:
December 29, 1998
Issue:
Whether Defendant-Debtor was entitled to summary judgment on Plaintiff's complaint for non dischargeability of debt arising from a willful and malicious injury where Plaintiff had no evidence that Debtor intended the injuries which Plaintiff's children suffered after Debtor unlawfully served them alcohol?
Ruling:
Summary judgment for Defendant-Debtor was entered. While Debtor had unlawfully served Plaintiff's minor children alcohol and while the children were later in an alcohol-related auto accident where one child was killed and the other was seriously injured, Plaintiff had no evidence that Debtor intended the injuries to occur. Therefore, the debt did not arise from a willful injury as required by Section 523(a)(6), as interpreted by Kawaauhau v. Geiger, U.S. , S.Ct. 974 (1998).
Full Bankruptcy Court Decision:
