Legal Opinion

Garoutte v. Damax, Inc.

District Court, S.D. Indiana

Decided March 3, 2009No. 1:08-cv-00083PublishedCited by 4 opinions

1Opinion of the Court

ENTRY ON BANKRUPTCY APPEAL

DAVID F. HAMILTON, Chief Judge.

A final judgment of an Indiana state court found that debtor Terry Lee Gar-outte had engaged in criminal conversion against creditor Damax, Inc. When Gar-outte sought bankruptcy protection, Chief Bankruptcy Judge Lorch granted summary judgment in favor of Damax, holding that the debt for criminal conversion is not dischargeable in bankruptcy because the state court’s judgment amounted to a conclusive finding that Garoutte had inflicted “willful and malicious injury ... to another entity or to the property of another entity.” In re…

2Cases cited16 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Gleason v. ThawSupreme Court of the United States · 1915
  4. McIntyre v. KavanaughSupreme Court of the United States · 1916
  5. James P. Wheeler and Sheila N. Wheeler v. A. David LaudaniCourt of Appeals for the Sixth Circuit · 1986

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3Cited by4 opinions

  1. Automotive Finance Corp. v. Rigoroso (In Re Rigoroso)United States Bankruptcy Court, D. South Carolina · 2011
  2. Direct Capital Corp. v. Steele (In re Steele)United States Bankruptcy Court, S.D. Indiana · 2016
  3. First Weber Group, Inc. v. Horsfall (In Re Horsfall)United States Bankruptcy Court, W.D. Wisconsin · 2011
  4. SFR Services, LLC v. ClarkUnited States Bankruptcy Court, S.D. Indiana · 2025

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