Jones v. Hartley (In Re Hartley)

MEMORANDUM OPINION

FRANK W. ROGER, Bankruptcy Judge.

This adversary action under § 523 to determine dischargeability was brought by Ricky D. Jones, hereinafter plaintiff, against James Lee Hartley, hereinafter defendant. Plaintiff sought to have his claim for damages which is pending in the Circuit Court of Jackson County, Missouri, against defendant and two other parties declared nondischargeable under § 523(a)(6) as a “willful and malicious injury by the debtor to another entity”, i.e., the plaintiff.

Defendant had been a partner with one Robert G. Oldham in a business called “Shade Tree Auto…