· 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 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.