Legal Opinion
Birmingham Trust National Bank v. McGiboney (In Re McGiboney)
United States Bankruptcy Court, N.D. Alabama
Decided February 17, 1981No. 13-83720PublishedCited by 35 opinions
1Opinion of the Court
OPINION
STEPHEN B. COLEMAN, Bankruptcy Judge.
The facts alleged in the Complaint for non-dischargeability are based on the allegations of a “willful and malicious conversion” of a vehicle. There is no provision in the Bankruptcy Code for a “wilful and malicious conversion.” The former provision in the Bankruptcy Act in Section 17(a)(2) “.. . or for willful and malicious conversion of property of another;” was not carried into the Code. However, Section 17(a)(8) of the Act which provides “... are liabilities for willful and malicious injuries to the person or property of another ...” was…
2Cases cited15 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Tinker v. ColwellSupreme Court of the United States · 1904
- Gleason v. ThawSupreme Court of the United States · 1915
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Crawford v. BurkeSupreme Court of the United States · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Betty L. Perkins and Harry A. Perkins v. Thomas L. ScharffeCourt of Appeals for the Sixth Circuit · 1987
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- Car Village Buick-Opel, Inc. v. DeRosa (In Re DeRosa)United States Bankruptcy Court, S.D. New York · 1982
- In Re Joseph John Cecchini, Debtor. Impulsora Del Territorio Sur, S.A., Dba Hotel Solmar v. Joseph John Cecchini, in Re Peter Robustelli, Debtor. Impulsora Del Territorio Sur, S.A., Dba Hotel Solmar v. Peter RobustelliCourt of Appeals for the Ninth Circuit · 1986
- Thruway Messenger Service, Inc. v. Marini (In Re Marini)United States Bankruptcy Court, E.D. New York · 1983
30 more not listed; retrieve them via the Exa API.