Legal Opinion

B.B. v. Grossman (In re Grossman)

United States Bankruptcy Court, E.D. California

Decided September 11, 2015No. Case No. 14-21767-C-13; Adv. Pro. No. 14-02140PublishedCited by 12 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge:

Revenge porn comes to bankruptcy. The plaintiff wants a $25,000 judgment debt excepted from the chapter 13 discharge. The judgment was entered in a lawsuit for invasion of privacy and intentional infliction of emotional distress because the debtor-defendant posted on the internet a supposedly-private video showing the parties disrobed and engaged in intimate relations. The question is whether the complaint states a claim for relief under 11 U.S.C. § 1328(a)(4) for “willful or malicious” conduct. The answer is yes.

Facts

For purposes of this motion to dismiss under…

2Cases cited17 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Christopher v. HarburySupreme Court of the United States · 2002
  3. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  4. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  5. United States v. BurkeSupreme Court of the United States · 1992

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3Cited by12 opinions

  1. MarketGraphics Research Grp. v. David BergeCourt of Appeals for the Sixth Circuit · 2020
  2. Doe v. Boland (In re Boland)Bankruptcy Appellate Panel of the Sixth Circuit · 2019
  3. Plys v. Ang (In re Ang)United States Bankruptcy Court, S.D. California · 2018
  4. Krein v. Szewc (In re Szewc)United States Bankruptcy Court, D. Oregon · 2017
  5. Hahn v. MarksUnited States Bankruptcy Court, S.D. New York · 2024

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

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