bkfiler
01-29-2006, 05:20 PM
The language of § 522(q)(1)(B)(iv) includes intentional, wilful or reckless conduct if it caused serious physical injury or death to another individual. The provision does not appear to encompass simple negligence. The section you cite prevents the court from granting a discharge unless it has determined that there is no pending proceeding in which the debtor might be found guilty of the conduct described. In another provision, the scope of Chapter 13 discharge has been restricted so that it does not discharge a debtor from damages awarded in a civil action resulting from wilful or malicious injury by the debtor that caused personal injury or death. § 1322(a)(4). Unfortunately, the language of the two provisions is not identical.
