Legal Opinion
Welty v. Russell (In re Russell)
United States Bankruptcy Court, D. Oregon
Decided June 25, 1982No. Bankruptcy No. 681-05338; Adv. No. 681-6276PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
C. E. LUCKEY, Bankruptcy Judge.
Plaintiff filed a complaint against debtor-defendant seeking determination that an obligation due from the defendant was a result of defendant’s wilful and malicious injury to the person and property of the plaintiff and therefore not dischargeable under the provisions of 11 U.S.C. § 523(a)(6).
The defendant defaulted in appearance and plaintiff was required to present evidence to establish a prima facie case to support a finding of wilful and malicious conduct by the defendant resulting in damage to the plaintiff, alleged to be in the…
2Cases cited10 opinions
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Richard J. Mayberry v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1977
- Federal Deposit Insurance Corporation, to the Use of Secretary of Banking, Receiver of Integrity Trust Company, to the Use of Butcher & Sherrerd and Fidelity-Philadelphia Trust Company v. Harry J. Alker, Jr., and Mamie Du Ban, Individually and as of the Estate of Alfred A. Du Ban, Deceased. Federal Deposit Insurance Corporation and Butcher & Sherrerd and Fidelity-Philadelphia Trust Company, Trustee v. Honorable George A. Welsh and the Other Judges of the United States District Court for the Eastern District of PennsylvaniaCourt of Appeals for the Third Circuit · 1956
- Kowall v. United StatesDistrict Court, W.D. Michigan · 1971
- Claudiatte Pierce, as Surviving Widow of Teddy Joe Pierce, Deceased, for Herself and Letitia Pierce, Minor Child of Teddy Joe Pierce, Deceased v. Cook & Co., Inc., Stephen Ellenwood, a Minor Under the Age of 21 Years, Who Sues by Judson Ellenwood, as Next Friend v. Cook & Co., Inc.Court of Appeals for the Tenth Circuit · 1975
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3Cited by2 opinions
- In Re Roco Corp.United States Bankruptcy Court, D. Rhode Island · 1984
- In Re HansenUnited States Bankruptcy Court, M.D. Florida · 2008