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N.D. Oklahoma· 10/6/2014

Herman v. White (In re White)

Citations

  • 519 B.R. 832

How courts have described this case

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

  • examining a guaranty obligation as a debt under § 523(a)(6)
  • debtor technically converted property subject to a secured interest but creditor did not meet burden of showing actions were willful and malicious
  • \The term 'malicious' requires proof 'that the debtor either intend the resulting injury or intentionally take action that is substantially certain to cause the injury.' \
  • \Willful injury may also be established indirectly by evidence of both the debtor's knowledge of the creditor's lien rights and the debtor's knowledge that the conduct will cause particularized injury.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Michael

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