City of Colton v. Johnson (In Re Johnson)

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

Introduction

This matter is before the Court on a complaint for nondischargeability of a debt filed on behalf of the City of Colton (“City”), Colton, South Dakota, by Attorney Rick A. Yarnall on February 19, 1985. The City substantively alleges that: 1) the debtor’s sale and subsequent repurchase of her interest in certain real property in which the City had previously filed a notice of lis pendens constitutes a “willful and malicious injury by the debtor” and is, therefore, precluded discharge under Bankruptcy Code Section 523(a)(6); and 2)…