Legal Opinion
Perry v. Clark (In re Clark)
United States Bankruptcy Court, M.D. Florida
Decided December 15, 2015No. 8:13-bk-14762-MGW; Adv. No. 8:14-ap-00133Published
1Opinion of the Court
MEMORANDUM OPINION ON SUMMARY JUDGMENT
Michael G. Williamson, Chief United States Bankruptcy Judge
To prevail on a claim under Bankruptcy Code § 523(a)(6), a creditor must prove that the debtor deliberately and intentionally injured him by a willful and malicious act. Here, Michael Perry, who had a $2.8 million claim against Wallace Clark, one of the Debtors in this case, alleges that Clark deliberately and intentionally injured him *313by fraudulently transferring away the only assets that could satisfy Perry’s claim against him. But the undisputed facts show there was a legitimate purpose for the…
2Cases cited5 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- In Re Steven Gregory Bammer, Debtor. James M. Murray v. Steven Gregory BammerCourt of Appeals for the Ninth Circuit · 1997
- Brandon James Maxfield v. Janice K. JenningsCourt of Appeals for the Eleventh Circuit · 2012
- Old Republic National Title Insurance v. Vermilio (In Re Vermilio)United States Bankruptcy Court, M.D. Florida · 2011
- Fidelity National Title Insurance v. Garcia (In Re Garcia)United States Bankruptcy Court, M.D. Florida · 2011