CLLA Amicus Briefs

2020

November 16, 2020
20-457 Amicus Brief

SUMMARY OF ARGUMENT
11 U.S.C. §523(a)(6) excepts from discharge in bankruptcy “any debt … for willful and malicious injury by the debtor to another entity or to the property of another entity.” In Kawaauhu v. Geiger, 523 U.S. 57, (1998), this Court held that the “willful and malicious injury” exception applies only to “acts done with the actual intent to cause injury.” Id. at 61. There is now a split in eleven Circuit Courts of Appeal in applying this holding to subsequent cases, resulting in a lack of uniformity in the application of law, with the result that the outcome of such cases can depend entirely upon the circuit in which the underlying bankruptcy case was filed. READ MORE