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First Nat'l Bank of Belden v. Ronald & Sheila Jueden (In re Jueden), Ch. 7, BK05-85285, A06-8018 (June 27, 2006)

A lender filed a motion for summary judgment to except a debt from discharge under § 523(a)(6) because the debtors allegedly converted collateral and proceeds of collateral by selling the collateral and depositing the proceeds into their personal account. The court denied the motion because the debtors’ intent is a material fact when willfulness and maliciousness are elements of the cause of action, and is difficult to establish on summary judgment.

Tuesday, June 27, 2006
Judge Timothy J. Mahoney (Retired)