IN RE ELLERBEE

Bankruptcy No. 93-69789. Adv. No. 93-6541.

177 B.R. 731 (1995)

In re Dexter ELLERBEE, Debtor. Dexter MILLS, Plaintiff, v. Dexter ELLERBEE, Defendant.

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

January 6, 1995.


Attorney(s) appearing for the Case

Clayton O. Carmack of Moore & Rogers, Marietta, GA, for plaintiff.

Glenn Loewenthal of Loewenthal, Jackson & Brown, Atlanta, GA, for defendant/debtor.


DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

JAMES E. MASSEY, Bankruptcy Judge.

In 1987 and 1988, Dexter Ellerbee repeatedly libeled Dexter Mills. Mills sued in state court and won a judgment for punitive damages and attorney's fees, so Ellerbee filed a bankruptcy petition. Mills seeks a ruling from this court that the judgment is for a willful and malicious injury and thus is not dischargeable.

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