Legal Opinion

Shirley v. Lopez (In re Lopez)

United States Bankruptcy Court, D. New Mexico

Decided February 2, 2017No. Case No. 16-10117 ta7; Adv. No. 16-1025 tPublishedCited by 6 opinions

1Opinion of the Court

OPINION

David T. Thuma, United States Bankruptcy Judge

Before the Court is plaintiffs claim that defendant willfully and maliciously hit his car, resulting in a nondischargeable debt under 11 U.S.C. § 523(a)(6).1 After trial on the merits and a review of the relevant law, the Court concludes that defendant’s actions did not rise to the high standard required for § 523(a)(6) nondischargeability. The debt stemming from the collision therefore has been discharged.

I. FINDINGS OF FACT

At about 2:00 a.m. on March 29, 2006, defendant Daniel Lopez was driving his 1996 Chevrolet Tahoe north on Unser…

2Cases cited14 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Panalis v. Moore (In Re Moore)Court of Appeals for the Tenth Circuit · 2004
  3. Mitsubishi Motors Credit of America, Inc. v. Longley (In Re Longley)Bankruptcy Appellate Panel of the Tenth Circuit · 1999
  4. Bombardier Capital, Inc. v. Tinkler (In Re Tinkler)United States Bankruptcy Court, D. Colorado · 2004
  5. Blea v. SandovalNew Mexico Court of Appeals · 1988

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Burris v. Burris (In re Burris)United States Bankruptcy Court, W.D. Oklahoma · 2019
  2. Anaya v. CardozaUnited States Bankruptcy Court, D. New Mexico · 2020
  3. Gorence & Oliveros, P.C. v. Chavez, Jr.United States Bankruptcy Court, D. New Mexico · 2020
  4. Scott A. Richter, et al. v. Anthony Lynn Reyes, Jr.United States Bankruptcy Court, D. New Mexico · 2026
  5. Sergejev v. AldermanUnited States Bankruptcy Court, D. New Mexico · 2021

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API