Sides v. Futch (In Re Futch)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This proceeding came before the Court upon complaint filed by H. Reid Sides, Jr. (“Plaintiff’) to determine the discharge-ability of a debt pursuant to 11 U.S.C. §§ 523(a)(4) and 523(a)(6). The Court held a trial on September 26, 2000 and November 22, 2000. In lieu of oral argument, the Court instructed the parties to submit briefs. Upon the evidence and the submissions of the parties, the Court makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACTS

1. In August 1996, Plaintiff and Kimberly Futch…