Willful And Malicious Injury

60 Florida cases classified under this topic · sorted by citation count · browse and sort

• Kronk v. Anthony
  M.D. Fla.· 2020-01-08
  Roy Kronk sued Casey Anthony for defamation based on statements made by her defense attorneys to the media implicating him in the murder of her daughter, and sought to prevent the debt from being discharged in Anthony's bankruptcy proceedings under Section 523(a)(6), which except
• McDowell v. Stein
  415 B.R. 584· S.D. Fla.· 2009-01-20
  The court affirmed the bankruptcy court's order granting summary judgment, holding that the debtor was collaterally estopped from contesting the dischargeability of debt based on prior New York court findings of fraud and breach of fiduciary duty.
• In re Riso v. Riso
  978 F.2d 1151· 9th Cir.· 1992-11-04
  A contractual right of first refusal is a contract right, not a property interest, and therefore a breach of it is not a willful and malicious injury to property excepted from discharge under 11 U.S.C. § 523(a)(6).
• In re Modicue v. Modicue
  926 F.2d 452· 5th Cir.· 1991-03-15
  The court held that the non-dischargeable debt under 11 U.S.C. § 523(a)(6) is limited to the value of the collateral unlawfully sold, not the total debt owed.
• Hoskins v. Yanks (In Re Yanks)
  100 B.R. 595· S.D. Fla.· 1989-05-31
  The court held that the bankruptcy court erred in denying collateral estoppel based on a potential finding of reckless disregard, but reached the correct conclusion for the wrong reason; the state court judgment is not entitled to collateral estoppel effect because the standard o
• In re Hartley v. Jones
  869 F.2d 394· 8th Cir.· 1989-03-06
  The court held that the bankruptcy court's finding of intentional injury was not clearly erroneous, and thus the claim was nondischargeable under 11 U.S.C. § 523(a)(6).
• In re Mills v. Sdrawde Titleholders, Inc.
  841 F.2d 902· 9th Cir.· 1988-03-02
  The dissenting judge believes the majority erred in reversing the bankruptcy appellate panel's decision, arguing that the debtor's failure to maintain the property constituted bad faith waste and willful and malicious injury, making the debt nondischargeable.
• Murphy v. Wheatley
  360 F.2d 180· 5th Cir.· 1966-04-15
  The court held that the appeal was frivolous and dismissed it, affirming the Referee's order to allow the state court to determine the dischargeability of the debt.
• Anderson T. Herd v. Maloney
  92 Fla. 789· Fla.· 1926-10-21
  The Florida Supreme Court affirmed a judgment for plaintiff based on a New York judgment that was excepted from discharge in bankruptcy. The court held that the trial court's entry of default judgment, rather than judgment on the demurrer, was harmless error under Florida's harml