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Lewis v. Long (In re Long) (Case No. 13-60044; A.P. No. 13-06030) 4/22/2015

District Court remanded for clarification of the Bankruptcy Court's prior decision holding the creditor had not established the debtor's willfulness and intent to cause her injuries.  On remand, the Bankruptcy Court explained it disagreed with other courts finding an implied intent to injury in sexual assault and statutory rape (carnal knowledge) cases based on the nature of the crime and held that it would be improper to imply an intent to willfully and maliciously cause such an injury when mere negligence would suffice for the state court judgment.

Date: 
Wednesday, April 22, 2015
Category: 
Appeal
Burden of Proof
Collateral Estoppel
Dischargeability
Judgments
Motion to Reconsider
Res Judicata
Chapter: 
7