Yelton v. Eggers (In Re Eggers)

MEMORANDUM AND ORDER

CLIVE W. BARE, Bankruptcy Judge.

In this adversary proceeding, arising as the result of an automobile accident, plaintiff seeks a determination of nondischarge-ability for willful and malicious injuries, 11 U.S.C. § 523(a)(6) (1979), 1 against both a minor and his mother. While she disputes liability to the plaintiff, the defendant mother, Patsy Eggers, insists that in any event she is entitled to summary judgment on the question of dischargeability.

I

When the debtors filed their separate chapter 7 bankruptcy petitions on October 5, 1984, plaintiff’s wrongful death action…