Sunday, May 23, 2010

What is a Malicious Injury per Section 523(a)(6)?

In re Ormsby, 591 F.3d 1199 (9th Cir. 2010). The 9th Circuit found that a malicious injury involves (1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse. Malice may be inferred based on the nature of the wrongful act. To infer malice, however, it must first be established that the conversion was willful.


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Bob Schaller

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2 comments:

  1. Wow, I've actually never heard of this additional charge for injuries that are called "malicious injury." It seems like this would really help the people who get blindsided by people being violent and rowdy leaving them injured. How much more serious is this malicious injury than a regular personal injury that your lawyer would defend you for?
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