Legal Opinion

Cowart v. Elias (In re Elias)

United States Bankruptcy Court, D. Massachusetts

Decided July 3, 2013No. Bankruptcy No. 12-10215-JNF; Adversary No. 12-1083PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the “Complaint Objecting to Discharge of Debtor” filed against Mario Elias (“Elias”) by Delores Cowart (the “Plaintiff’) through which she alleges that Elias committed an assault and battery against her which was “willful and malicious” and caused her injury (the “Complaint”). Although the Complaint is denominated as an objection to discharge, the Plaintiff seeks to except a particular debt from discharge pursuant to 11 U.S.C. § 523(a)(6), as well as a jury trial. The Court conducted a trial on May 21,…

2Cases cited35 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
  4. Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
  5. In Re: Elisabeth Scarborough, Debtor. Mark E. Fischer, Appellee/cross-Appellant v. Elisabeth Scarborough, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1999

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3Cited by3 opinions

  1. Davis v. M & M Developer, LLC (In re MBM Entertainment, LLC)United States Bankruptcy Court, S.D. New York · 2015
  2. Romano v. Defusco (In re Defusco)United States Bankruptcy Court, D. Massachusetts · 2013
  3. Field v. Hughes-Birch (In re Hughes-Birch)United States Bankruptcy Court, D. Massachusetts · 2013

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