· 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 CourtListenerSourced 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.