Legal Opinion

Gomes v. Limieux (In Re Limieux)

United States Bankruptcy Court, D. Massachusetts

Decided March 30, 2004No. 19-30206PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

Henry J. BOROFF, Bankruptcy Judge.

Before the Court is the “Plaintiffs Motion For Summary Judgment” (the “Motion”). Scott Gomes (“Gomes”), a state court judgment creditor, seeks a determination that his claim for damages against Lenard Limieux (the “Debtor”) arising from the Debtor’s assault and battery upon him is non-dischargeable pursuant to 11 U.S.C. § 523(a)(6). 1 The Debtor responds that the claim is dischargeable because: 1) his culpability, established in the state court action, does not rise to the “wilful and malicious” level required under § 523(a)(6); and 2)…

2Cases cited42 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  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. Tinker v. ColwellSupreme Court of the United States · 1904

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3Cited by17 opinions

  1. Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2004
  2. Schwartz v. Schwartz (Schwartz)Bankruptcy Appellate Panel of the First Circuit · 2008
  3. Hermosilla v. Hermosilla (In Re Hermosilla)United States Bankruptcy Court, D. Massachusetts · 2010
  4. Bauer v. Colokathis (In Re Colokathis)United States Bankruptcy Court, D. Massachusetts · 2009
  5. Trenwick America Reinsurance Corp. v. Swasey (In re Swasey)United States Bankruptcy Court, D. Massachusetts · 2013

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