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· 8/26/2014

McClendon v. Springfield (In Re McClendon)

Citations

  • 765 F.3d 501
  • 2014 WL 4216636

How courts have described this case

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

  • applying the unitary standard and “defining a willful and malicious injury as one where there is either an objective substantial certainty of harm or a subjective motive to cause harm”
  • argument ábout actions of Bankruptcy Court waived because debtor did not argue that, particular error of law before the District Court
  • rejection of defendant’s testimony that he did not know defamatory statements were false necessarily supported conclusion that he did know
  • under the law of this circuit, an issue that is not designated in the statement of issues filed pursuant to Bankruptcy Rule 8006 is waived on appeal
  • “[T]he Court finds that the bankruptcy court did not err by not individually determining which damages were non-dischargeable because it found that all of the damages were non-dischargeable.”
  • not addressing the issue head on, but seemingly using a unitary standard and defining a willful and malicious injury as “one where there is either an objective substantial certainty of harm, or a subjective motive to cause harm” (internal quotation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Clement, Higginson

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.