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MATTER OF MALLORY

Bankruptcy Nos. 78-1521A, 78-1522A.

1 B.R. 201 (1979)

In the Matter of Randall Avant MALLORY and Mabel Diane Mallory, Bankrupts. Phil MULKEY, Plaintiff, v. Randall Avant MALLORY and Mabel Diane Mallory, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

November 20, 1979.

Attorney(s) appearing for the Case

Tony Center, Atlanta, Ga., for plaintiff.

Robert E. Hall, Hall & Hamling, Atlanta, Ga., for defendants.

MEMORANDUM OF OPINION

A.D. KAHN, Bankruptcy Judge.

Plaintiff, a judgment creditor of the bankrupt Defendants, has asked this Court to declare the bankrupts' debts to him to be non-dischargeable. He bases this request on an argument that the judgment he obtained was issued to compensate him for an injury which was inflicted by the Defendants in a "willful and malicious" manner and that § 17a(8) of the Bankruptcy Act requires that debts based upon such...

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