Legal Opinion

Harry Ritchie's Jewelers, Inc. v. Chlebowski (In Re Chlebowski)

United States Bankruptcy Court, D. Oregon

Decided March 23, 2000No. 19-60414PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

FRANK R. ALLEY, III, Bankruptcy Judge.

Defendant, the debtor in the underlying chapter 7 case, disposed of collateral securing his debt to Plaintiff, contrary to the terms of the security agreement. Plaintiff claims in this adversary proceeding that the disposition constitutes a “willful and malicious injury” to its property interests, and is therefore excepted from discharge by 11 U.S.C. § 523(a)(6). I find for the Plaintiff.

I. FACTS

Plaintiff is a jeweler, maintaining stores in Eugene, Oregon, and elsewhere. On March 31, 1997, Defendant entered into a “Retail Charge…

2Cases cited12 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  3. In Re: Seymour Markowitz, Debtor. Seymour Markowitz v. Carolyn CampbellCourt of Appeals for the Sixth Circuit · 1999
  4. In Re Paul W. Geiger, Debtor. Paul W. Geiger v. Margaret Kawaauhau and Solomon KawaauhauCourt of Appeals for the Eighth Circuit · 1997
  5. Commonwealth v. TaylorSupreme Court of Pennsylvania · 1975

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

3Cited by8 opinions

  1. Bombardier Capital, Inc. v. Tinkler (In Re Tinkler)United States Bankruptcy Court, D. Colorado · 2004
  2. Johnson v. Davis (In Re Davis)United States Bankruptcy Court, E.D. Virginia · 2001
  3. Nahman v. Jacks (In Re Jacks)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  4. Call Federal Credit Union v. Sweeney (In Re Sweeney)United States Bankruptcy Court, W.D. Kentucky · 2001
  5. Spokane Railway Credit Union v. Endicott (In Re Endicott)United States Bankruptcy Court, D. Idaho · 2000

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

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