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Roger Scott v. Matthew Schmitz (In re Schmitz), Ch. 7, BK19-40426-TLS, A19-4031-TLS (Oct. 22, 2020)

The plaintiff was injured by the debtor in a bar fight. The debtor pled no contest to criminal charges and was ordered to pay restitution. The plaintiff also obtained an award of damages in a state-court civil lawsuit against the debtor. After a trial, the bankruptcy court excepted the debt from discharge under § 523(a)(6), finding that the debtor acted willfully – by invading a legally protected interest of the plaintiff – and maliciously, because in striking the plaintiff, harm was substantially certain to occur.

Thursday, October 22, 2020
Judge Brian S. Kruse