Blocker v. Patch

McDONALD, Bankruptcy Judge,

dissenting.

I agree with the majority’s conclusion that a debtor inflicts a willful and malicious injury on a creditor under 11 U.S.C. § 523(a)(6) if she knows with substantial certainty that her actions will result in that injury. I do not agree, however, that when reviewing the summary judgment record in the light most favorable to Debt- or that there are no material issues of fact in dispute so that Blocker is entitled to judgment as a matter of law. I, therefore, respectfully dissent.

I would begin by noting that the analysis of whether a person commits an…