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IN RE McGIBONEY

Bankruptcy No. 80-04234, Adv. No. 80-0975.

8 B.R. 987 (1981)

In re Larry W. McGIBONEY, Debtor. BIRMINGHAM TRUST NATIONAL BANK, Plaintiff, v. Larry W. McGIBONEY, Defendant.

United States Bankruptcy Court, N.D. Alabama, S.D.

February 17, 1981.

Attorney(s) appearing for the Case

Alan D. Levine, Levine & Levine, Birmingham, Ala., for Birmingham Trust Nat. Bank.

James B. Morton, Birmingham, Ala., for debtor.

Jerry W. Schoel, Birmingham, Ala., trustee.

Jack Rivers, Birmingham, Ala., U.S. trustee.

OPINION

STEPHEN B. COLEMAN, Bankruptcy Judge.

The facts alleged in the Complaint for non-dischargeability are based on the allegations of a "willful and malicious conversion" of a vehicle. There is no provision in the Bankruptcy Code for a "wilful and malicious conversion." The former provision in the Bankruptcy Act in Section 17(a)(2) ". . . or for willful and malicious conversion of property of another;" was not carried into the Code. However, Section...

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