Section 523(a)(6): Willful and malicious injury

Section 523(a)(6) prevents an individual debtor from


discharging any debt that is the result of willful and


malicious injury. The terms "willful" and "malicious" are


separate elements. An objecting creditor must prove both


elements in order for the discharge to be excepted.



Speaking to the "willful" element, the Supreme Court


specifically rejected a broad interpretation of the


exception by narrowly holding that "non-dischargeability


takes a deliberate or intentional injury, not merely a


deliberate act that leads to injury." Kawaaukau v. Geiger,


523 U.S. 57 (1998). The injury itself must be desired and in


fact anticipated by the debtor in order or for the debt to


be excepted from discharge. Thus, debts arising from


recklessly or negligently inflicted injuries do not fall


within the compass of §523(a)(6).



The term "malicious" refers to the debtor’s motivation in


committing the act and has been defined by the court to mean


wrongful and without just cause or excuse, even in the


absence of personal hatred, spite, or ill-will. Actual or


constructive malice will suffice and may be imputed to the


debtor in cases where a debtor seeks profit or some other


benefit only upon a finding of aggravated circumstances.


Warmest Regards,

Bob Schaller

Your Bankruptcy Advisor

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