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Dischargeability of a bar fight claim: In re Donald L. Wright

Posted by: Peter Scribner
November 17, 2009
Topic: Casenotes: 2008 WDNY Bankruptcy cases

In re Donald L. Wright (Bk #04-17680; AP 08-1075; decision July 21, 2008; Judge Kaplan in Buffalo.) Debtor injured another person in a bar fight, and the other person sued in bankruptcy court to have the claim for injuries from the fight excepted from discharge. A claim for “willful and malicious injuries” can be excepted from the discharge received by a debtor in bankruptcy under 11 USC Sect. 523(a)(6). Here, the debtor apparently admitted to hurting the other person in a deposition, and that was enough for the Bankruptcy Court to grant summary judgment to the injured party and except the claim from discharge.

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