Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from discharge pursuant to 11 U.S.C. § 523(a)(6)”, the stipulation would not prevent the discharge of the claim based upon a breach of fiduciary duty, tortious interference with business relations, unfair competition, defamation, and conversion which resulted in a state jury...
From the Editor – Discharge and Dischargeability
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By The Honorable William Houston Brown (Retired)
Landlords committed willful and malicious injury by eviction. After the state court announced oral ruling of judgment for tenant in forcible entry and detainer action, and landlords were in courtroom at ruling, the landlords committed willful and malicious injury to tenant when they proceeded with eviction. The state court had determined $104,000 damages, including tenant’s attorney fees. Brown v. Ausley (In re Ausley), ___ B.R. ___, 2014 WL 1044252 (Bankr. W.D. Tenn. March 18, 2014).
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The Honorable William Houston Brown retired in . . .
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