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IN RE SMITH

Bankruptcy No. 84-00459G, Adv. No. 84-0579G.

56 B.R. 699 (1986)

In re Leonard SMITH and Beatrice Smith, Debtors. DELAWARE VALLEY FACTORS, INC., Plaintiff, v. Leonard SMITH and Beatrice Smith, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 16, 1986.

Attorney(s) appearing for the Case

Edward Cohen, Philadelphia, Pa., for plaintiff, Delaware Valley Factors, Inc.

Stewart J. Berger, Dresher, Pa., for debtors/defendants, Leonard Smith and Beatrice Smith.

Leo F. Doyle, Philadelphia, Pa., Trustee.

Edward J. DiDonato, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for trustee, Leo F. Doyle.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The heart of this controversy is whether an obligation should be declared nondischargeable on the creditor's proof that the debtors willfully and maliciously sold collateral securing a debt. On the basis of the facts and law outlined below we conclude that the debt is not dischargeable under 11 U.S.C. § 523(a)(6) of the Bankruptcy Code ("the Code").

We summarize...

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