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LOCKERBY v. SIERRA

No. 06-15928.

535 F.3d 1038 (2008)

Glenn LOCKERBY, Plaintiff-Appellee, v. Alexander L. SIERRA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2008.

Attorney(s) appearing for the Case

Alexander L. Sierra, Pro Se, Tucson, AZ, for defendant-appellant.

Walter F. Wood, Walter F. Wood, Ltd., Tucson, AZ, for plaintiff-appellee.

Before: MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, and RICHARD R. CLIFTON, Circuit Judges.

HAWKINS, Circuit Judge:

Sierra appeals the district court's order and judgment affirming the bankruptcy court's determination that Locker-by's breach of contract claim against Sierra was non-dischargeable under 11 U.S.C. § 523(a)(6). We hold that an intentional breach of contract cannot give rise to nondischargeability under § 523(a)(6) unless it is accompanied by conduct that constitutes a tort under state law.

FACTUAL AND PROCEDURAL HISTORY

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