Case No. 04-3046, (Related Case: 03-38029)United States Bankruptcy Court, N.D. Ohio.
May 17, 2004
DECISION AND ORDER
RICHARD SPEER, Chief Judge, Bankruptcy
On May 17, 2004, a Trial was held on the Plaintiffs’ Complaint to Determine Dischargeability. The Plaintiff’s Complaint is brought pursuant to 11 U.S.C. § 523(a)(6) which excepts from discharge any debt which arises by conduct of a debtor that is both willful and malicious. Present at the Trial was the Plaintiff, Terry Modrall; neither the Defendant nor any appointed legal representative for the Defendant, however, made an appearance.
During the Trial, the Plaintiff, at the direction of the Court, testified to his account of events. After having had the opportunity to hear this testimony and to observe the demeanor of the witness, the Court finds the Plaintiff’s account of events to be credible. Based upon this finding, together with the adjudication previously made in state court, a copy of which was attached to the Plaintiffs’ complaint, the Court finds as follows:
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(1) The Debtor did willfully and maliciously cause injury to the Plaintiff within the meaning of 11 U.S.C. § 523(a)(6).
(2) As a result of the Debtor’s actions, the Plaintiff, to date and inclusive of the cost to bring the instant action, has sustained damages in the amount of $2,943.39.
Based thereon, it is hereby,
ORDERED that, pursuant to 11 U.S.C. § 523(a)(6), the Plaintiff, Terry Modrall, is hereby determined to hold a nondischargeable debt in the amount of $2,943.39.
It is FURTHER ORDERED that Clerk, United States Bankruptcy Court, issue a certificate of judgment in the amount reflected in the above order.