THE BANKRUPTCY DISCHARGE OF DEBTS AND THE FACTS
Under section 523(a)(6) in the bankruptcy code, “any debt . . . for willful and malicious injury by the debtor to another [person]” is not dischargeable. 11 U.S.C. §523(a)(6).
To determine “willful and malicious injury” the facts of the incident must be analyzed. The bankruptcy code itself lacks definition for these terms.
A “willful” injury is one caused by a debtor’s voluntary act, more than mere negligence or recklessness. The willfulness can be determined by the person’s intent or belief using direct evidence, like a confession, or inferred from indirect evidence of a deliberate act.
Under bankruptcy law, the act is required to be voluntary and have the intent to cause specific consequences or that the individual knew that the specific consequences would result or were substantially certain to result from the act.
Regarding the “malicious” element for non-dischargeability of a debt, it requires that the act was done without just cause or excuse. Is there a viable justification or excuse for the act?
When analyzing the debt, the debtor needs to review the facts of the act that led to the acquisition of the debt. For example, a debtor that wishes to discharge debt in a bankruptcy resulting from injuries he inflicted on his opponent during a bar fight would require an analysis of willful and malicious if the creditor objects to discharge based on Section 523(a)(6) of the bankruptcy code. The willful part may be easy to determine, the debtor engaged in the fight. But, to determine the malicious nature of the act is perhaps more convoluted. Was the debtor engaged in the fight because he was threatened, or defending himself or was he coming to the aid of another.
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If an objection to discharge is filed based on 523(a)(6), it is the bankruptcy court’s mission to determine whether the act was willful and malicious. If it is determined the act was willful and malicious, any debt that flows from it is nondischargeable. Contact the attorneys at LifeBackLaw and see us at www.LifeBackLaw.com and let us help you get your life back.
