Case Summary:
Debtor motorcycle-dealer's conversion of proceeds from sale of motorcycle inventory in which creditor had a security interest did not constitute "willful and malicious" injury pursuant to 11 U.S.C. § 523(a)(6). Creditor's objection to debtors' claim of exemption in individual retirement accounts is denied. IRAs qualify as "similar plan[s]" pursuant to 11 U.S.C. § 522(d)(10)(E) -- addressing debtor's interest in a "stock bonus, pension, profit sharing, annuity, or similar plan." Third party defendant insurance agency's claim against debtors is equitably subordinated to claim of creditor which provided inventory financing, due to agency's misrepresentations and coercive dealings in connection with the sale of debtor's business.
Statute/Rule References:
11 U.S.C. § 510(c) -- Equitable Subordination
11 U.S.C. § 522(d) -- Exemptions - Federal
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
Key Words:
Equitable Subordination
Exemptions
Retirement/Pension Plans
Willful Malicious