Juett v. Casciano (In re Casciano)

(6th Cir. B.A.P. Jan. 11, 2016)

The B.A.P. reverses the bankruptcy court’s determination that, for purposes of 11 U.S.C. § 523(a)(6) the debtor did not “willfully” cause an injury to the plaintiff when he punched the plaintiff in the face. The bankruptcy court incorrectly required that the plaintiff prove that the debtor intended to cause the specific harm that resulted. Further, while self-defense may negate a finding of “malicious” conduct under that Code section, the bankruptcy court failed to analyze the facts under the applicable law on self-defense. Finally, the court holds that references to the Debtor’s conviction by a plea of nolo contendere are inadmissible in the non-dischargeability action. Opinion below.

2016-01-11 – in re casciano

Author: Matt Lindblom