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Pence v. Carr (In re Carr) Case No. 16-71500; A.P. No. 17-07006 10/17/2017

Creditor filed adversary proceeding seeking a determination that certain property damages caused by the Debtor to a rental mobile home  were non-dischargeable under 11 U.S.C. § 523(a)(6) as debts “for willful and malicious injury by the debtor to another entity or to the property of another entity.”  The Court found that the majority of the damages to the mobile home were a consequence of slovenly living habits, negligence and deplorable housekeeping, but did not rise to the level of malicious or willful action.  However, certain damages related to the destruction of a bathroom vanity and ceiling fan were held to be non-dischargeable because the Debtor knew “with objective substantial certainty” his actions would injure the creditor’s property.

Date: 
Tuesday, October 17, 2017
Category: 
Burden of Proof
Dischargeability
Chapter: 
7