Williams v. Bernardelli (In Re Bernardelli)

ORDER GRANTING MOTION TO DISMISS COMPLAINT AS TO BARBARA BERNARDELLI

BERT M. GOLDWATER, Bankruptcy Judge.

Plaintiff’s adversary complaint seeks to have a state court judgment obtained against Robert J. Bernardelli declared non-dischargeable. Barbara Bernardelli was not a party in the state court action, but is joined in this adversary action in order to make the community property of the debtors liable if the debt is held to be nondis-chargeable.

An act constituting an intentional tort of the husband does not create a claim or debt against the wife. The mere fact of marriage is not enough.…