Background
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- Debtor and Plaintiff were neighbors
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- Owned adjoining properties
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- Plaintiff kept pipes and a trailer on his side to keep people off his property.
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- Debtor did not like this and moved the Plaintiff’s trailer
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- Plaintiff moved the trailer back on his own property
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- Later that day, Plaintiff saw the Debtor moving his trailer again, he confronted him with a stun gun to stop him.
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- Debtor pulled out a knife and used it to injure the Plaintiff
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- Debtor claimed self-defense
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- State Court jury in a civil action awarded the Plaintiff $10,000 in damages.
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- Debtor filed Chapter 7 bankruptcy to avoid paying the Plaintiff
- Plaintiff filed with Bankruptcy Court for a ruling not to allow this debt to be included in the Debtor’s Bankruptcy.
Court Ruling:
- Debtor’s argument was that the jury did not find that he acted willfully and maliciously and relied on jury verdict indicating “and/or” in their ruling.
- Court looked at the entirety of the verdict and ruled against the Debtor. Assault and battery are intentional acts and cannot be included in the Debtor’s bankruptcy.
- You cannot stab someone and look to the Court to grant you relief in bankruptcy.
