Legal Opinion
Borg-Warner Acceptance Corp. v. Watkins (In Re Watkins)
United States Bankruptcy Court, E.D. Michigan
Decided September 19, 1988No. 19-42192PublishedCited by 21 opinions
1Opinion of the Court
Memorandum Opinion Re: Standard of Proof In § 523(a)(6) Actions
ARTHUR J. SPECTOR, Bankruptcy Judge.
This matter is before the Court upon the plaintiff-creditor’s complaint to have its claim declared nondischargeable pursuant to 11 U.S.C. § 523(a)(6). After a trial on the merits, the plaintiff has established by a preponderance of the evidence, but not by clear and convincing evidence, that this debt is one for willful and malicious injury by the defendant-debtors to property of the plaintiff. Herein lies the problem.
FACTS
The defendants operated a marina and also sold boats and boating…
2Cases cited51 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Santosky v. KramerSupreme Court of the United States · 1982
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Addington v. TexasSupreme Court of the United States · 1979
46 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cardenas v. Stowell (In Re Stowell)United States Bankruptcy Court, W.D. Texas · 1990
- Sparks v. Adams (In Re Adams)United States Bankruptcy Court, W.D. Michigan · 1992
- United States v. Sumpter (In Re Sumpter)United States Bankruptcy Court, E.D. Michigan · 1991
- American Honda Finance Corp. v. Grier (In Re Grier)United States Bankruptcy Court, W.D. Texas · 1991
- In Re DanielsUnited States Bankruptcy Court, E.D. Michigan · 2001
16 more not listed; retrieve them via the Exa API.