Maguire Bros., LLC v. Bellamy (In re Bellamy)
United States Bankruptcy Court, W.D. New York
1Opinion of the Court
OPINION AND ORDER
MICHAEL J. KAPLAN, Bankruptcy Judge.
This is a Chapter 7 case. These are cross-motions for summary judgment in a dischargeability case under 11 U.S.C. § 523(a)(6)—“wilful and malicious injury” to the person or property of another.
The Debtor suffered massive fire damage to her home in 2009. She hired the Plaintiff for certain clean-up and remediation services. She received insurance proceeds of $129,708.42, but according to the Plaintiff, she did not fully pay the Plaintiff what it was owed from those proceeds. She argues that she paid for what she thought was due and owing to…
2Cases cited5 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992
- McKee v. GratzSupreme Court of the United States · 1922
- Orchid Construction Corp. v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2011
- Valsen Construction Corp. v. Long Island Racquet & Health Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1996