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Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)

In re Smith The Bankruptcy Appellate Panel for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.

9 minute read November 01, 2020 at 12:05 AM
By
Rudolph J. Di Massa Jr. and Keri L. Costello
Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)

In In re Smith, (B.A.P. 10th Cir., Aug. 18, 2020), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.

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