January 12, 2006: Judgment debt for debtor's discharge of firearm at creditor was not one for "willful and malicious injury."
A judgment debt arising from a Chapter 7 debtor's discharge of shotgun into the leg of a woman who was at that time his girlfriend could not be excepted from discharge as one for the debtor's "willful and malicious injury." The debtor at all times contended that it was not his intent to injure the girlfriend, and the criminal conviction that was entered against defendant based on this incident was not for assault but for reckless endangerment, a misdemeanor that required only reckless conduct on the debtor's part. The debtor's conduct after the shooting, in yelling for his friends to seek medical assistance and in staying with the girlfriend and applying pressure to stop the bleeding, were most consistent with an unintended, non-malicious injury.
A judgment debt arising from a Chapter 7 debtor's discharge of shotgun into the leg of a woman who was at that time his girlfriend could not be excepted from discharge as one for the debtor's "willful and malicious injury." The debtor at all times contended that it was not his intent to injure the girlfriend, and the criminal conviction that was entered against defendant based on this incident was not for assault but for reckless endangerment, a misdemeanor that required only reckless conduct on the debtor's part. The debtor's conduct after the shooting, in yelling for his friends to seek medical assistance and in staying with the girlfriend and applying pressure to stop the bleeding, were most consistent with an unintended, non-malicious injury.
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