Legal Opinion
Gilchrist v. Pattison (In Re Pattison)
United States Bankruptcy Court, D. New Mexico
Decided October 8, 1991No. 19-10245PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEWART ROSE, Chief Judge.
Before this court is the interpretation of 11 U.S.C. § 523(a)(6) which excepts from discharge any debt “for willful and malicious injury by the debtor.” Once again this court must wrestle with disputed authority over the appropriate test to determine “willful and malicious injury”. Upon review of recent case law in this circuit, and in accordance with this court’s decision in In re Poore, 37 B.R. 246 (Bankr.D.N.M.1982), the stricter standard is applicable in § 523(a)(6) proceedings. To meet the test for willful and malicious injury the debtor must…
2Cases cited29 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Brown v. FelsenSupreme Court of the United States · 1979
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Tinker v. ColwellSupreme Court of the United States · 1904
- In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
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3Cited by2 opinions
- Miramar Resources, Inc. v. Shultz (In Re Shultz)United States Bankruptcy Court, D. New Mexico · 1997
- Smith v. Assevero (In Re Assevero)United States Bankruptcy Court, N.D. Georgia · 1995