Spigot Resources, Inc. v. Radow (In re Radow)
- Citation:
- No. NV-12-1037-KIDJu (9th Cir. B.A.P., April 2, 2013) NOT FOR PUBLICATION
- Tag(s):
-
- Ruling:
- Appellant's state court judgment against Debtor is not excepted from discharge under Section 523(a)(2)(A) because Appellant's damages were proximately caused by loss of use of the property in question resulting from litigation that was pending, rather than from reliance upon misrepresentations made by debtor.
Appellant's state court judgment against Debtor is not excepted from discharge under Section 523(a)(6) because the breach of contract by Debtor did not constitute a tort under state law, and was therefore not “willful and malicious.”
- Procedural context:
- Appeal from bankruptcy court ruling that state court judgment against Debtor is dischargeable.
- Facts:
- Appellant filed adversary complaint with the bankruptcy court requesting a finding that a state court judgment was excepted from discharge under Section 523(a)(2)(A) and (a)(6). Appellant claimed that the damages were the result of fraudulent inducement and intentional injury. The bankruptcy court found that Appellant’s damages stemmed from loss of use resulting from Debtor’s filing of a suit involving a dispute over the closing of the sale of property. Additionally, the bankruptcy court found that Debtor did not act to willfully or maliciously injure Appellant.
- Judge(s):
- Kirscher, Dunn, and Jury
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