Legal Opinion

Birdsall Ex Rel. Estate of Birdsall v. Tulloch (In Re Tulloch)

United States Bankruptcy Court, D. New Jersey

Decided August 28, 2007No. 19-12039PublishedCited by 8 opinions

1Opinion of the Court

OPINION

MORRIS STERN, Bankruptcy Judge.

I. Introduction.

Plaintiff Jerry Birdsall sues debtor-defendant Michael Tulloch to except from bankruptcy discharge a debt arising out of the tragic 1998 death of plaintiffs twenty-year-old daughter, Meghan. The exception-to-discharge allegations are grounded in 11 U.S.C. § 523(a)(6) (willful and malicious injury to Ms. Birdsall) and § 523(a)(9) (personal injury and death of Ms. Birdsall caused by operation of a motor vehicle while debtor was unlawfully intoxicated). Meghan, a Boston University student, was the victim of a hit-and-run driver; that driver…

2Cases cited50 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  3. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  4. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  5. Baxter v. PalmigianoSupreme Court of the United States · 1976

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3Cited by8 opinions

  1. Backlund v. Stanley-Snow (In Re Stanley-Snow)Bankruptcy Appellate Panel of the First Circuit · 2009
  2. Husky International Electronics, Inc. v. Ritz (In re Ritz)United States Bankruptcy Court, S.D. Texas · 2017
  3. Digital Systems Engineering, Inc. v. Moreno (In Re Moreno)United States Bankruptcy Court, W.D. Wisconsin · 2009
  4. Gradco Corp v. Blankenship (In Re Blankenship)United States Bankruptcy Court, N.D. Alabama · 2009
  5. In re BirdUnited States Bankruptcy Court, S.D. Texas · 2017

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