Phillips v. Weissert (In re Phillips)

Summarized by Laura Bartell , Wayne State University Law School
15 years 5 months ago

Citation:

(6th Circuit, Dec 31,1969)

Tag(s):

6th Circuit

Ruling:

State court judgment against debtor for abuse of process, intentional infliction of emotional distress, civil conspiracy and concert of action was preclusive on issues of damages and liability, but not preclusive on issue of nondischargeability of award under section 523(a)(6) (willful and malicious injury). Bankruptcy court did not abuse its discretion in finding the debt nondischargeable.

Procedural context:

Appeal from bankruptcy court order finding debt nondischargeable under section 523(a)(6).

Facts:

Debtor accused creditor of rape. After arrest and trial, creditor was acquitted. Creditor then sued debtor and her husband for abuse of process, intentional infliction of emotional distress, civil conspiracy, and concert of action and obtained a default judgment. After a hearing at which debtor and her husband participated, creditor was awarded damages. Debtor and her husband then filed for protection under chapter 7, and creditor sought a determination that the damage award was a nondischargeable debt under section 523(a)(6) as a debt for willful and malicious injury.

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