Haveron v. Bantivoglio

How courts have described this case

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

• explaining that the focus of the inquiry is whether or not the debtor intended the consequences of their actions, not whether their intentions in acting unlawfully were good
• defining malicious in this context to be an “act done deliberately and intentionally in knowing disregard of the rights of another” (internal quotation marks omitted)
• bankruptcy court hearing on whether actions leading to state court judgment were willful and malicious under § 523(a)(6)
• “[I]t is the debtor’s subjective state of mind that is relevant; it does not matter that a ‘reasonable debtor’ should have known that his act would adversely affect another’s rights.”
• court found malice requirement was satisfied where debt- or knew increase in line of credit from $8,000 to $80,000 was a mistake, but used the whole line of credit despite knowledge of the mistake
• application of law is reviewed de novo

Source: CourtListener parenthetical corpus (CC0).