Legal Opinion

McBrier v. McDaniel (In re McDaniel)

United States Bankruptcy Court, M.D. Louisiana

Decided May 17, 2007No. Bankruptcy No. 06-10187; Adversary No. 06-1079PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Richard McBrier, d/b/a Richard McBrier Contractor (“McBrier”) sued debtor Lea-tha Mae McDaniel (“McDaniel”), alleging that debtor’s $10,811.11 debt to McBrier is not dischargeable under 11 U.S.C. § 523(a)(2) and (6). This opinion explains why the debt is not excepted from discharge.

*517FACTS1

Plaintiffs dischargeability complaint is based on an unsatisfied state court judgment.2 The state court action arose from McDaniel’s failure to pay McBrier for repairing damage to her home.

On June 2, 2004, a tree fell on the debtor’s house. McBrier, the…

2Cases cited13 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  4. McIntyre v. KavanaughSupreme Court of the United States · 1916
  5. Quealy v. Paine, Webber, Jackson & Curtis, Inc.Supreme Court of Louisiana · 1985

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3Cited by1 opinion

  1. In RE McDANIELUnited States Bankruptcy Court, M.D. Louisiana · 2007

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