Mulkey v. Mallory (In Re Mallory)

MEMORANDUM OF OPINION

A. D. KAHN, Bankruptcy Judge.

Plaintiff, a judgment creditor of the bankrupt Defendants, has asked this Court to declare the bankrupts’ debts to him to be non-dischargeable. He bases this request on an argument that the judgment he obtained was issued to compensate him for an injury which was inflicted by the Defendants in a “willful and malicious” manner and that § 17a(8) of the Bankruptcy Act requires that debts based upon such an injury be declared non-dischargeable.

FINDINGS OF FACT

In mid-1976, Plaintiff sold the rights to operate his business, which is known as…