- 3 acquaintances went out on a motorcycle ride together.
- One rider collided into other rider.
- Substantial damages were sustained and complaint was filed.
- Judgment was won through a default judgment.
- Defendant filed bankruptcy.
- Injured party presented to the Court that it should not be discharged in bankruptcy for the following reasons: Debtor purposely drove into his motorcycle, the State Court Order had language as to willful and malicious conduct and the driver did not have a motorcycle license or insurance.
- Injured party stated the Debtor purposely veered into his lane to hit him.
- Court case was conducted in Bankruptcy Court.
- The Debtor stated that he had 5 years’ experience riding motorcycles before the accident. It was an accident and it was not willful or malicious in his conduct.
- The State Court’s language about willful and malicious was unnecessary to the judgment because the complaint was based on negligence .
- In the hearing, the injured party failed to demonstrate willful and malicious acts.
- There was contradicting testimony of all 3 riders.
- Court ruled that nothing presented would lead one to believe that the Debtor purposely collided into another motorcycle.
- Testimony presented by injured party that was most favorable to him was that the Debtor was negligent or reckless.
- The fact that the Debtor had no license or insurance was not sufficient to prove intention to cause injury.
- Debtor had substantial experience in riding.
- Court ruled debt was dischargeable and could see no evidence that there was rage or willful intention that caused the accident.
- Bad driving does not constitute willful and malicious behavior.