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IN RE BELLAMY

Bankruptcy No. 12-10897 K. Adversary No. 12-1030 K.

484 B.R. 562 (2012)

In re Elnora BELLAMY, Debtor. Maguire Brothers, LLC d/b/a Enviro-Care Disaster Restoration Services, Plaintiff v. Elnora Bellamy, Defendant.

United States Bankruptcy Court, W.D. New York.

December 7, 2012.

Attorney(s) appearing for the Case

Christopher R. Poole, Esq. , Rebecca E. Monte, Esq. , Katy M. Hedges, Esq. , Chelus, Herdzik, Speyer, Monte & Paja, Buffalo, NY, Attorneys for Plaintiff.

David P. Feldman, Esq. , Phillip Dabney, Jr., Esq. , Buffalo, NY, Attorneys for Defendant.

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

This is a Chapter 7 case. These are cross-motions for summary judgment in a dischargeability case under 11 U.S.C. § 523(a)(6) — "wilful and malicious injury" to the person or property of another.

The Debtor suffered massive fire damage to her home in 2009. She hired the Plaintiff for certain clean-up and remediation services. She received insurance proceeds of $129,708.42, but according...

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