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Timothy Rist v. Franklyn T. Rist (In re Franklyn Rist), Ch. 7, BK22-41043-TLS, A23-4006-TLS (Mar. 13, 2024)

After a trial, the court denied the plaintiffs’ complaint to except a debt from discharge under § 523(a)(6). The alleged debt concerned a deficiency in the plaintiffs’ share of proceeds from a partition sale forced by the debtor, under facts that seemed more like a breach of contract shoe-horned into a § 523(a)(6) proceeding. The evidence did not support a finding of willfulness or malice on the part of the debtor.

Date: 
Wednesday, March 13, 2024
Judge: 
Judge Thomas L. Saladino