IN RE AUSTIN

Bankruptcy Nos. 382-02882, 382-02895, Adv. Nos. 382-0744, 382-0743.

36 B.R. 306 (1984)

In re James Phillip AUSTIN, Ind. & d/b/a a partner in the partnership Main Street Music Emporium, and Benjamin Snell Austin, Ind. & d/b/a a partner in the partnership Main Street Music Emporium, Debtors. Russell THATCHER and Cleda Thatcher, as parents and next of kin of Stacey Lee Thatcher, deceased, Plaintiffs, v. James Phillip AUSTIN, Ind. & d/b/a a partner in the partnership Main Street Music Emporium, and Benjamin Snell Austin, Ind. & d/b/a a partner in the partnership Main Street Music Emporium, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

January 9, 1984.


Attorney(s) appearing for the Case

Ken Burger, Murfreesboro, Tenn., for defendants.

Thomas J. Haynes, Murfreesboro, Tenn., for plaintiffs.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The questions presented are: (1) whether negligent conduct is "willful" for purposes of § 523(a)(6) analysis; and (2) whether concepts of vicarious or imputed liability can support a claim of nondischargeability under 11 U.S.C.A. § 523(a)(6) where the debtor/defendant is the promoter of a rock concert and the creditor/plaintiff is the next of kin of a pedestrian killed by a drunk concert-patron. After...

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