· 12/16/2013
Old Republic National Title v. Levasseur
Citations
- 737 F.3d 814
- 70 Collier Bankr. Cas. 2d 1290
- 2013 WL 6570917
- 2013 U.S. App. LEXIS 24870
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the debtor's actions prohibited discharge under both 11 U.S.C. § 523(a)(2)(A) and § 523(a)(6)
- stating that an injury is malicious “if it was wrongful and without just cause or excuse, even in the absence of personal hatred, spite or ill-will”
- “Willfulness requires a showing of intent to injure or at least of intent to do an act which the debtor is substantially certain will lead to the injury in question.”
- “An injury is malicious if it was wrongful and without just cause or excuse, even in the absence of personal hatred, spite or ill-will.” (internal quotation omitted)
- “A false pretense or misrepresentation can be created ‘when the circumstances imply a particular set of facts, and one party knows the facts to be otherwise,’ and where the silent party ‘may have a duty to correct what would otherwise be a false impression.’”
- applying willful and malicious as separate requirements
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Stahl, Lipez
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.