· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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