Juett v. Casciano (In re Casciano)
- Summarized by Laura Bartell , Wayne State University Law School
- 9 years 5 hours ago
- Citation:
- No. 15-8013 (6th Cir. BAP Jan. 11, 2016)
- Tag(s):
-
- Ruling:
- Reversed decision of Bankruptcy Court for the W.D. Mich. that plaintiff failed to establish that his debt (based on Debtor's action in punching plaintiff in face) was nondischargeable under 11 USC sec.523(a)(6), and remanded for further proceedings.
- Procedural context:
- Appeal from Bankruptcy Court for the W.D. Mich.
- Facts:
- Debtor injured plaintiff by punching him in the face outside of a bar. Debtor was convicted of assault and battery, but filed for chapter 7 bankruptcy protection when plaintiff sued for damages. The bankruptcy court held that plaintiff's claim was not excepted from discharge as a debt for willful and malicious injury because in throwing the punch Debtor did not "will or desire harm, or believe injury was substantially certain to occur" as a result. The BAP concluded that the bankruptcy judge improperly required that plaintiff show that debtor desired to cause the specific injury or harm that resulted from the punch. No such showing is required to establish a "willful" injury. The bankruptcy court also failed to analyze the Debtor's actions under the law of self-defense or determine whether the Debtor met his burden of proof on that issue, which would establish that the injury was not "malicious". Therefore, remand was appropriate. The court also held that Debtor's nolo contendere conviction of assault and battery was inadmissible in the nondischargeability proceeding.
- Judge(s):
- Delk, Humphrey and Lloyd, Bankruptcy Appellate Panel judges
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