National Labor Relations Board v. Calvert (In re Calvert)

(Bankr. S.D. Ind. Dec. 21, 2015)

The court enters judgment in this adversary proceeding commenced by the NLRB against the debtor, seeking to except from discharge the debt owed to the NLRB. The claim was based on alleged violations of the National Labor Relations Act, when the debtor took steps to avoid his company’s employees from unionizing. The court finds that the NLRB failed to prove the requisite intent under 11 U.S.C. § 523(a)(6) and the information omitted from the schedules and in the bankruptcy (e.g., lost promissory notes) did not rise to the level of a denial of discharge under § 727. Opinion below.

2015-12-21 – nlrb v calvert

Author: Matt Lindblom

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