Bankr. No.:
15-40129
Adv. No.:
15-4005
Chapter:
7
Date of Decision:
October 6, 2016
Issue:
Whether the unscheduled claim held by the defendant who did not receive notice of the case in time to file a nondischargeability complaint is excepted from discharge pursuant to 11 U.S.C. § 523(a)(3)(B), where the defendant contended the claim arose from a willful and malicious injury by the debtor-plaintiff?
Ruling:
The claim was excepted from discharge pursuant to 11 U.S.C. § 523(a)(3)(B). After a trial, the Court held the defendant's unscheduled claim arose from a willful and malicious injury by the debtor-plaintiff that was targeted at and was certain or almost certain to cause harm to the defendant and would have been nondischargeable under 11 U.S.C. § 523(a)(6) had the defendant received notice of the debtor-plaintiff's bankruptcy case in time to allow the defendant to commence a nondischargeability action.
Audio File:
