Legal Opinion
Johnson v. Weihert (In re Weihert)
United States Bankruptcy Court, W.D. Wisconsin
Decided February 6, 2013No. Bankruptcy No. 12-10893; Adversary No. 12-105PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
This unusual case asks a bankruptcy court to determine whether an assault (possibly a sexual assault or rape) and a wrongful death (possibly a murder) were the willful and intentional acts of the debt- or, and, whether claims arising from the injuries are dischargeable in the debtor’s bankruptcy. Because no liability for the alleged acts has yet been determined and no damages assessed, this opinion and the decision it explains is to some degree advisory. This court lacks the jurisdiction, or at least the power and authority, to quantify…
2Cases cited18 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Mars Steel Corp. v. Continental Bank N.A.Court of Appeals for the Seventh Circuit · 1989
- James P. Wheeler and Sheila N. Wheeler v. A. David LaudaniCourt of Appeals for the Sixth Circuit · 1986
- William T. Divane, Jr. v. Krull Electric Co., Inc., and John J. Curry, Jr.Court of Appeals for the Seventh Circuit · 1999
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3Cited by4 opinions
- Pausch v. DiPiero (In re DiPiero)United States Bankruptcy Court, N.D. Illinois · 2016
- Condon Oil Co. v. Wood (In re Wood)United States Bankruptcy Court, W.D. Wisconsin · 2013
- Johnson v. Weihert (In re Weihert)United States Bankruptcy Court, W.D. Wisconsin · 2013
- Tyrelle Lamar KingUnited States Bankruptcy Court, D. New Jersey · 2023