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· 5/28/1998

Texas Ex Rel. Board of Regents of the University of Texas System v. Walker

Citations

  • 142 F.3d 813

How courts have described this case

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

  • suggesting that a knowing breach of a clear contractual obligation that is certain to cause injury may prevent discharge under § 523(a)(6), regardless of the existence of separate tortious conduct
  • suggesting that the Board can assert state sovereign immunity
  • stating “‘for willfulness and malice to prevent discharge under Section 523(a)(6
  • relying on Gardner and Irving Trust in holding that, although the state did not file a proof of claim in the debtor’s bankruptcy proceeding, the debtor could raise discharge as an affirmative defense against the state’s suit on the debt
  • “[A] willful and malicious injury does not follow as of course from every act of conversion, without reference to the circumstances.”
  • “There has never been a suggestion that a defendant could, by asserting an artful counterclaim, render a case removable in violation of the well-pleaded complaint rule.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Jones, Dennis

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.