HIJ Industries, Inc. v. Roy (In re Roy)

(Bankr. E.D. Ky. Jan. 26, 2017)

The bankruptcy court enters judgment in favor of the debtor, dismissing claims under 11 U.S.C. § 523(a)(6) and § 727(a)(2)(A). The plaintiff argued that the debtor executed a scheme that intentionally injured the plaintiff because the debtor became unable to pay on promissory notes. The Court finds that the plaintiff did not establish that the debtor willfully and maliciously injured the plaintiff. Also, while the debtor had transferred title to a truck from his sole ownership to joint ownership with his wife within a year of the bankruptcy petition, the plaintiff failed to establish the requisite intent. Opinion below.

Judge: Wise

Attorney for Plaintiff: Tricia A. Shackelford

Attorney for Debtor: John M. Simms

2017-01-26-in-re-roy

Author: Matt Lindblom

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