CNH Industrial Capital America LLC v. Williams (In re Williams)

(Bankr. W.D. Ky. Apr. 5, 2018)

The bankruptcy court enters summary judgment in favor of the creditor on two counts in the nondischargeability complaint. The debtor sold two pieces of equipment collateral without delivering the proceeds to the creditor. The court finds that the facts establish the debtor acted willfully and maliciously in causing the injury to the creditor. A third piece of equipment collateral was repossessed by another creditor and created a factual dispute. Opinion below.

Judge: Lloyd

Attorney for Creditor: Andrews Law Firm, PLLC, Ashley Sanders Cox

Attorney for Debtor: Mark H. Flener

2018-04-05 – in re williams

Author: Matt Lindblom

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