{"id":11432,"date":"2017-12-24T04:54:46","date_gmt":"2017-12-24T04:54:46","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11432"},"modified":"2017-12-24T21:59:27","modified_gmt":"2017-12-24T21:59:27","slug":"wilful-and-malicious-injury-an-injury-to-a-person-or-property-inflicted-intentionally-and-deliberately-without-cause-and-with-no-regard-for-the-legal-rights-of-the-injured-party-often-associated-w","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11432","title":{"rendered":"Wilful and Malicious Injury – an injury to a person or property inflicted intentionally and deliberately, without cause and with no regard for the legal rights of the injured party; often associated with bankruptcy"},"content":{"rendered":"

willful and malicious injury<\/span>:<\/span>
\n<\/strong>(1808)<\/span><\/p>\n

1.<\/strong> Bankruptcy<\/em>. Under the statutory exception to discharge, damage to another entity (such as a creditor) caused by a debtor intentionally performing a wrongful act \u2014 without just cause or excuse \u2014 that the debtor knew was certain or substantially certain to cause injury. 11 USCA \u00a7 523(a)(6)<\/a>. <\/strong>[1]<\/span><\/p>\n

1. An injury to property inflicted intentionally and in disregard of duty.\u00a0 Re Dixon (DC NY) 21 F2d 565<\/span>.
\n<\/strong>Within the meaning of the exception of certain liabilities from discharge in bankruptcy: injury to person or party inflicted intentionally and deliberately without cause or excuse and with no regard for the legal rights of the injured one.\u00a0 An injury inflicted by an act against good morals and wrongful in itself, committed with indifference to the safety of the injured person, and without just cause or excuse.\u00a0 Anno: 13 ALR2d 170; 9 Am J2d Bankr \u00a7 786<\/span>.<\/strong><\/span>
\n \u00a0\u00a0\u00a0\u00a0 A misappropriation of partnership funds by a former partner to his own use after dissolution of the partnership is a “wilful and malicious injury” to the property of another within the provision the Bankruptcy Act excepting such a dent from a discharge in bankruptcy.\u00a0 Fooshe v Sunshine<\/em>, 96 Cal App 2d 336, 215 P2d 66, 16 ALR2d 1142<\/span>.<\/strong> [2]<\/span><\/p>\n

1. An injury to a person or property inflicted intentionally and deliberately, without cause and with no regard for the legal rights of the injured party.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/a> <\/b><\/span><\/em>by Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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