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· 10/25/1993

Federal Deposit Insurance Corp. v. Smith (In Re Smith)

Citations

  • 160 B.R. 549
  • 1993 U.S. Dist. LEXIS 15056
  • 1993 WL 435962

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding debt for conspiracy nondischargeable under § 523(a)(6) even though his conduct was not an independent, recognized tort but his actions were willful and malicious
  • “To be ‘malicious’ the act must be done in conscious disregard of one’s duties, or without just cause or excuse, but does not require ill will or specific intent to do harm.”
  • “Section 523(a)(6) is an exception to the right of discharge contained in the Bankruptcy Code. It precludes the discharge of a debt- or ‘from any debt ... for willful and malicious injury by the debtor to another entity or to the property of another entity.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fitzwater

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.