Summary:
The Court of Appeals upheld the bankruptcy and district court opinions finding that Hyon did not act with fraudulent intent as required by In re Biondo, 180 F.3d 126, 134 (4th Cir. 1999). Next, the Court of Appeals also upheld the determinations by the lower courts that “[t]he word ‘willful’ in [(523)](a)(6) modifies the word ‘injury,’ indicating that nondischargeability takes a deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury.” Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998), or more simply the injury must be willful and intended not merely the act that led to the injury.
Commentary:
This case again explicitly shows the deference that appellate courts will show to the finder of fact in these cases.
For a copy of the opinion, please see:
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