IN RE NELSON

Bankruptcy No. 81-B-00311, Adv. No. 81-A-0165.

35 B.R. 765 (1983)

In re Harold E. NELSON and Linda K. Nelson, Debtors. UNITED BANK OF SOUTHGATE, Plaintiff, v. Harold E. NELSON and Linda K. Nelson, Defendants.

United States Bankruptcy Court, N.D. Illinois, W.D.

November 9, 1983.


Attorney(s) appearing for the Case

Theodore Liebovich, Rockford, Ill., for plaintiff.

Angelo Gaziano, Rockford, Ill., for debtors.


MEMORANDUM OPINION ON REMAND

RICHARD N. DeGUNTHER, Bankruptcy Judge.

This matter comes before the Bankruptcy Court on remand from the District Court. The proceedings arise under Section 523(a)(6) of the Bankruptcy Code.

At the trial level, this Court held an "intent to harm" standard applicable to a "wilful and malicious injury", involving conversion of property subject to a security interest, and, finding no such intent existed, denied the Complaint...

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