Sears, Roebuck & Co. v. Dibben (In Re Dibben)

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Bankruptcy Judge.

The complaint of the plaintiff, Sears, seeks a judgment of the court declaring the debt owed Sears by the debtor/defendant, Sheri L. Dibben, is nondischargeable under the provisions of 11 U.S.C. § 523(a)(6), the malicious injury to property discharge exception. The cause of action is based on the allegation Sheri L. Dibben purchased a refrigerator and electric range from Sears and converted the same. It is undisputed the property has disappeared and is not subject to application on the Sears claim.

Two issues are presented: Do the…