Legal Opinion

Glazer v. Alley (In Re Glazer)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 14, 1982No. BAP No. NC-81-1313-KEG, Adv. No. 481-0281AHPublishedCited by 8 opinions

1Opinion of the Court

KATZ, Bankruptcy Judge.

Glazer entered Alley’s property without her permission and cut off part of a tree. Alley had previously refused to allow Glazer to trim back the tree. The trial court held the damages incurred to be nondis-chargeable. Glazer appeals on two grounds. First, he claims his debt does not fall within § 523(a)(6), and second, he alleges error in the calculation of damages. We AFFIRM on the issue of nondischargeability and we REVERSE and REMAND on the damages question.

Section 523(a)(6) excepts from discharge any debt “for willful and malicious injury.” The Legislative History…

2Cases cited2 opinions

  1. Heninger v. DunnCalifornia Court of Appeal · 1980
  2. Brenner v. HaleyCalifornia Court of Appeal · 1960

3Cited by8 opinions

  1. Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
  2. Homer National Bank v. NamieDistrict Court, W.D. Louisiana · 1989
  3. McGovern v. Capparelli (In Re Capparelli)United States Bankruptcy Court, S.D. New York · 1983
  4. Placer U.S., Inc. v. Dahlstrom (In Re Dahlstrom)United States Bankruptcy Court, D. Utah · 1991
  5. Caci v. McDonald (In Re Brink)United States Bankruptcy Court, D. Massachusetts · 2005

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