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· 7/29/2010

GMAC Inc. v. Coley (In Re Coley)

Citations

  • 433 B.R. 476
  • 2010 WL 2991416

How courts have described this case

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

  • stating that \[a]n intentional breach of contract is excepted from discharge under § 523(a)(6) only when it is accompanied by malicious and willful tortious conduct\
  • noting that courts have required accompanying “malicious and willful tortious conduct” to an intentional breach of contract to bring it within the ambit of §523(a)(6)
  • court denied defendant/creditor’s motion for summary judgment under § 523(a)(4) based upon debtor’s alleged breach of security agreement
  • “An intentional breach of contract is excepted from discharge under § 523(a)(6) only when it is accompanied by malicious and willful tortious conduct”
  • “a trust relationship must instead be express or technical or originate from state law to create the necessary fiduciary relationship for § 523(a)(4) purposes.”
  • “the § 523(a)(4) discharge exception is not designed to apply to debts arising from ordinary commercial or contractual relationships”

Source: CourtListener parenthetical corpus (CC0).

Judges: Eric L. Frank

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.