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IN RE WAAG

BAP No. OR-08-1339-MoJuR. Bankruptcy No. 08-32547-ELP. Adversary No. 08-03172-ELP.

418 B.R. 373 (2009)

In re Matthew WAAG, Debtor. Matthew Waag, Appellant, v. DeVonna Permann and John Permann, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed October 14, 2009.

Attorney(s) appearing for the Case

Todd Trierweiler, Portland, OR, for Matthew Waag.

Brian D. Lynch, Portland, OR, U.S. Trustee, Portland, OR, Trustees.

Before MONTALI, JURY, and RIMEL, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge:

This appeal presents the panel with an issue of first impression in the Ninth Circuit: Does 11 U.S.C. § 1328(a)(4),3 which excepts from discharge certain debts for "restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury," require that a judgment for damages be rendered prior to the petition date? Concluding that section 1328(a)(4...

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