Case Summary:
Plaintiff filed an adversary proceeding seeking to have a debt declared nondischargeable pursuant to section 523(a)(6) for willful and malicious conduct. Plaintiff and Defendant at one time resided in the same home and have a daughter together. Plaintiff fled the home after Defendant became physically abusive, leaving behind various pieces of her personal property. Two months later, Defendant discarded the items Plaintiff left behind. A judgment in the amount of $7,800 was issued by a state court in favor of Plaintiff. The Court held that while Defendant's actions may have been motivated by ill feelings, he had a valid excuse. The Court denied Plaintiff's motion on the section 523(a)(6) claim on the grounds that: (1) Plaintiff failed to produce extrinsic evidence that Defendant acted maliciously in disposing of Plaintiff's abandoned items that were left in the house, and (2) Plaintiff failed to articulate any theory under which Defendant would have a duty to keep the property.
Statute/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability – Willful and Malicious Injury
Key Terms:
Disposal of Property
Judgment
Nondischargeable Debt
Willful and Malicious - Defined