Kasey v. Waters (In Re Waters)

MEMORANDUM OPINION

MERRITT S. DIETZ, Jr., Bankruptcy Judge.

Cross-motions for summary judgment have been filed by the parties to this non- dischargeability proceeding. At issue is whether a new trial is necessary on the question of “willful and malicious injury” as it pertains to the defendant’s attempted discharge in bankruptcy of a $15,000 judgment against him for malicious prosecution.

Bullitt Circuit Court entered judgment against the debtor-defendant Waters pursuant to a directed verdict which had earlier withstood review by the Kentucky Court of Appeals.

Section 523(a)(6) of the Bankruptcy…