In Re Keith WALKER, Debtor. Frank B. HOPE, Plaintiff-Appellant, v. Keith WALKER, Defendant-Appellee, 48 F.3d 1161 (11th Cir. 1995). · Go Syfert
In Re Keith WALKER, Debtor. Frank B. HOPE, Plaintiff-Appellant, v. Keith WALKER, Defendant-Appellee, 48 F.3d 1161 (11th Cir. 1995). Cases Citing This Book View Copy Cite
“nder the common law, the word 'intent' . . . denote that the actor desires to cause the consequences of his act, or that he believes that the consequences are substantially certain to result from it.”
446 citation events (358 in the last 25 years) across 54 distinct courts.
Strongest positive: Watson v. Bradsher (gand, 2022-08-12) · Strongest negative: Pratt v. Pourdas (In Re Pourdas) (ilsb, 1997-03-25)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" Pratt v. Pourdas (In Re Pourdas) (2×) also: Cited "see, e.g."
Bankr. S.D. Ill. · 1997 · signal: but see · confidence high
But see In re Walker, 48 F.3d 1161, 1164-65 (11th Cir.1995) (in order to be willful under § 523(a)(6), debtor must have intended more than merely the act that results in injury). 10 .
examined Cited as authority (verbatim quote) Watson v. Bradsher (6×) also: Cited as authority (rule), Cited "see"
N.D. Ga. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
nder the common law, the word 'intent' . . . denote that the actor desires to cause the consequences of his act, or that he believes that the consequences are substantially certain to result from it.
examined Cited as authority (verbatim quote) Shaw v. Osborne (6×) also: Cited as authority (rule), Cited "see, e.g."
Bankr. M.D. Ga. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
his type of 'injury' is nothing more than a recasting of the 'reckless disregard' standard expressly rejected by congress and by this court.
discussed Cited as authority (verbatim quote) Yash Raj Films v. Ahmed (In Re Ahmed) (2×) also: Cited as authority (rule)
Bankr. E.D.N.Y. · 2005 · quote attribution · 1 verbatim quote · confidence high
as used in section 523(a)(6), malicious means wrongful and without just cause
discussed Cited as authority (verbatim quote) Recomm Operations, Inc. v. Raymond Manklow
11th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review the bankruptcy court's grant of summary judgment de novo, applying the same legal standards used by the trial court.
discussed Cited as authority (quoted) Summit Credit Union v. Goldbeck (In re Goldbeck)
Bankr. W.D. Wis. · 2018 · quote attribution · 1 verbatim quote · confidence low
a debtor is responsible for a 'willful' injury when he or she commits an intentional act ... to cause injury or which is substantially certain to cause injury
discussed Cited as authority (rule) ncmb 2025
Bankr. M.D.N.C. · 2025 · confidence medium
In Adams, albeit in the context of § 1328(a)(4),8 the Court determined the volume 8 “Malicious” for purposes of § 1328(a)(4) means “‘wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.’” In re Jennings, 670 F.3d 1329, 1334 (11th Cir. 2012) (quoting In re Walker, 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Seeley International PTY Ltd. v. Maisotsenko
Bankr.D. Colo. · 2025 · confidence medium
The Tenth Circuit has held that “the term ‘malicious’ requires proof ‘that the debtor either intend[ed] the resulting injury or intentionally [took] action that [was] substantially certain to cause injury.’” Panalis, 357 F.3d at 1129 (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Law Office of Brandon A. Rotbart, P.A. v. Seraphin
Bankr. S.D. Florida · 2025 · confidence medium
Fla. 2012)). 37 Id. (citing Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998)). 38 Id. (citing Thomas v. Loveless (In re Thomas), 288 F. App’x 547, 549 (11th Cir. 2008) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995))); see also In re Gelinas, 2008 WL 5640701 , at *6 (Bankr.
discussed Cited as authority (rule) C&S Building & Renovations, Inc. v. Minnix
Bankr. M.D. Fla. · 2025 · confidence medium
Ga. 1995)). 116 In re Cruz, 2020 WL 6054945 , at *1 (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)). 117 As discussed above, while Mr. Minnix testified that he resigned and was not terminated, Plaintiffs assert Mr. Minnix was terminated.
discussed Cited as authority (rule) Gonzalez v. Behrendt
Bankr.D. Colo. · 2025 · confidence medium
The Tenth Circuit has held that “the term ‘malicious’ requires proof ‘that the debtor either intend[ed] the resulting injury or intentionally [took] action that [was] substantially certain to cause injury.’” Panalis, 357 F.3d at 1129 (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Stanley Kappell Watson v. Shenekka Bradsher
11th Cir. · 2025 · confidence medium
We have interpreted a “ma- licious” injury in section 523(a)(6) as one that is “‘wrongful and without just cause or excessive even in the absence of personal ha- tred, spite or ill-will.’” Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012) (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Nutrien AG Solutions, Inc. formerly know as Crop P v. Benny F. Hall, Sr. Individually and Doing Business
Bankr. M.D. Fla. · 2025 · confidence medium
LEXIS 657 at *13-14. 247 See, e.g., infra discussion in Section V (Count VI) related to the Dischargeability Complaint ($205,705.69 conversion as to HCF, $59,970 conversion as to FP for misdirected funds and $290,692 conversion as to FP for crop insurance). 248 11 U.S.C. § 523 (a)(6). 249 Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012) (quoting In re Walker, 48 F.3d 1161, 1165 (11th Cir. 1995). 250 Kawaauhau v. Geiger, 523 U.S. 57, 61-62 , 118 S. Ct. 974 , 140 L.
discussed Cited as authority (rule) Stanley J Cain, II
Bankr. S.D. Ala. · 2025 · confidence medium
Willfulness requires “a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.” In re Walker, 48 F.3d 1161, 1163 (11th in the absence of personal hatred, spite or ill-will.” Id.
discussed Cited as authority (rule) Maxwell v. Cain, II
Bankr. S.D. Ala. · 2025 · confidence medium
Willfulness requires “a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.” In re Walker, 48 F.3d 1161, 1163 (11th in the absence of personal hatred, spite or ill-will.” Id.
cited Cited as authority (rule) Katherine White, individually and as Trustee of th v. Baier
Bankr. N.D. Ga. · 2025 · confidence medium
Ga. 2016) (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Cosmographic Software, LLC v. Franklin
Bankr. M.D. Ala. · 2025 · confidence medium
Section 523(a)(6) also requires that a debtor’s conduct be “malicious.” In this context, “malicious” means “wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.” In re Walker, 48 F.3d 1161, 1164 (11th Cir. 1995).
discussed Cited as authority (rule) Glen Meadow Holdings, LLC v. Storm
Bankr. N.D. Ga. · 2024 · confidence medium
A finding of “willfulness” requires “‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’” Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1163 (11th Cir. 1995)); Kawaauhau v. Geiger, 523 U.S. 57 , 61–62, 118 S.Ct. 974 , 140 L.Ed.2d 90 (1998)) (“An injury is willful when the injury itself was ‘deliberate or intentional’ and not merely the result of an intentional act that resulted in injury.”).
discussed Cited as authority (rule) Barrett v. Storm
Bankr. N.D. Ga. · 2024 · confidence medium
A finding of “willfulness” requires “‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’” Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1163 (11th Cir. 1995)); Kawaauhau v. Geiger, 523 U.S. 57 , 61–62, 118 S.Ct. 974 , 140 L.Ed.2d 90 (1998)) (“An injury is willful when the injury itself was ‘deliberate or intentional’ and not merely the result of an intentional act that resulted in injury.”).
discussed Cited as authority (rule) Armin Litigation, LLC, a Florida limited liability v. Ebrahimpour
Bankr. M.D. Fla. · 2024 · confidence medium
The Eleventh Circuit has held that proof of “willfulness” requires “‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’” In re Walker, 48 F.3d 1161, 1163 (11th Cir. 1995) (quoting In re Ikner, 883 F.2d 986, 991 (11th Cir. 1989)). “[A] debtor is responsible for a ‘willful’ injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.” Id. at 1165; see also Kawaauhau v. Geiger, 523 U.S. 57 , 61–62, 118 S. Ct. 974 , 140 L.
discussed Cited as authority (rule) Cox v. Corona (2×)
Bankr. N.D. Ga. · 2024 · confidence medium
An injury is considered willful when the defendant “commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.” Smith, 2021 WL 1234245 at *11 (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995)).
discussed Cited as authority (rule) Pablo v. Leader (2×)
Bankr. N.D. Ala. · 2023 · confidence medium
Willful Proof of willfulness requires “a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.” In re Walker, 48 F.3d 1161, 1163 (11th Cir. 1995) (quoting In re Ikner, 883 F.2d 986, 991 (11th Cir. 1989)).
discussed Cited as authority (rule) Christman v. Farina
Bankr. D.N.J. · 2023 · confidence medium
The Eleventh Circuit Court of Appeals has defined the word ‘malicious’ as ‘wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.’ In re Walker, 48 F.3d 1161, 1164 (11th Cir. 1995).
discussed Cited as authority (rule) Leyva v. Braziel
Bankr. N.D. Tex. · 2023 · confidence medium
Corley v. Delaney (In re Delaney), 97 F.3d 800, 802 (5th Cir. 1996) (emphasis added) (referencing In re Walker, 48 F.3d 1161, 1165 (11th Cir. 1995) and In re Quezada, 718 F.2d 121 , 123 (5th Cir. 1983)). 31 Some courts have treated what the Fifth Circuit purports to be a “single inquiry” as a “two-part test” where the court determines if the plaintiffs have proven “either (1) an objective substantial certainty of harm; or (2) a subjective motive to cause harm.” Mikel v. Mikel (In re Mikel), No. 21-3071, 2022 WL 17418872 (Bankr.
cited Cited as authority (rule) Panjwani v. Khan
Bankr. S.D. Florida · 2023 · confidence medium
App’x 547, 549 (11th Cir. 2008) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995)); Kane, 470 B.R. at 939-41 ). 1.
cited Cited as authority (rule) Campbell, Jr. v. Brown
Bankr. S.D. Ala. · 2022 · confidence medium
In re Walker, 48 F.3d 1161, 1163 (11th Cir.1995) (quoting In re Ikner, 883 F.2d 986, 991 (11th Cir.1989)).
cited Cited as authority (rule) Sheokie T. Brown and Andre C. Brown
Bankr. S.D. Ala. · 2022 · confidence medium
In re Walker, 48 F.3d 1161, 1163 (11th Cir.1995) (quoting In re Ikner, 883 F.2d 986, 991 (11th Cir.1989)).
discussed Cited as authority (rule) Rocky Mountain Holdings, LLC v. Whitfield
Bankr. N.D. Ga. · 2022 · confidence medium
A "malicious" injury is one which is "wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill- will." Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995) (citations omitted).
discussed Cited as authority (rule) Scott v. Robinson
Bankr. N.D. Ga. · 2021 · confidence medium
With respect to maliciousness, a plaintiff must show the conduct at issue was “wrongful and without just cause or excessive even in the absence of personal hatred, spite, or ill will.” Jennings, supra, 670 F.3d at 1334 , quoting Walker, supra, 48 F.3d at 1164 (citation omitted).
discussed Cited as authority (rule) Cinq Music Group, LLC v. Kabara
Bankr. N.D. Ga. · 2021 · confidence medium
Section 523(a)(6) excepts debts from discharge “for willful and malicious injury by the debtor to another entity or to the property of another entity.” “To show ‘willfulness,’ a plaintiff must make ‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’” Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1163 (11th Cir.1995)); see also Wells Fargo Bank, N.A. v. Sutton (In re Sutton), 557 B.R. 831, 836 (Bankr.
discussed Cited as authority (rule) Crossman v. Burke
Bankr. M.D. Fla. · 2021 · confidence medium
Fla. 2001). 5 Id. (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995)). 6 Id. 7 Id. (quoting In re Walker, 48 F.3d at 1163-64 ). 8 Kawaauhau v. Geiger, 523 U.S. 57, 59, 61-64 , 118 S. Ct. 974, 975-76, 977-78 (1998). 9 Kalmanson v. Nofziger (In re Nofziger), 361 B.R. 236, 243 (Bankr.
discussed Cited as authority (rule) Bradsher v. Watson
Bankr. N.D. Ga. · 2021 · confidence medium
To establish malice, Plaintiffs must show that Defendant’s actions were “‘wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.’” Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995) (quoting Lee v. Ikner (In re Ikner), 883 F.2d 986, 991 (11th Cir. 1989)). “[A] showing of specific intent to harm another is not necessary.” Ikner, 883 F.2d at 991 .
discussed Cited as authority (rule) Young v. Wells-Lucas
Bankr. N.D. Ga. · 2021 · confidence medium
Non-Dischargeability Pursuant to § 523(a)(6) Section 523(a)(6) states that a debt may be excepted from discharge “for willful and malicious injury by the debtor to another entity or to the property of another entity.” To show “willfulness,” a plaintiff must make “‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’” Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1163 (11th Cir.1995)); see also Wells Fargo Bank, N.A. v. Sutton (I…
discussed Cited as authority (rule) Lenox Pines, LLC v. Smith, Jr.
Bankr. N.D. Ga. · 2021 · confidence medium
Accordingly, “a debtor is responsible for a ‘willful’ injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.” Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995).
discussed Cited as authority (rule) Hoban v. Campbell
Bankr. S.D. Florida · 2021 · confidence medium
“Malice can be implied when a debtor commits an act that is ‘wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.’” Thomas v. Loveless (In re Thomas), 288 F. App’x 547, 549 (11th Cir. 2008) (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Telos Ventures Group PLLC v. Short
Bankr. D. Utah · 2021 · confidence medium
In Panalis, the Tenth Circuit held that “the term ‘malicious’ requires proof ‘that the debtor either intend[ed] the resulting injury or intentionally [took] action that [was] substantially certain to cause injury.’”121 However, the Tenth Circuit Bankruptcy Appellate Panel recently held that the language from Panalis was dicta122 and applied a modified standard of what constitutes a malicious injury: For an injury to be “malicious,” “evidence of the debtor’s motives, including any claimed justification or excuse, must be examined to determine whether the requisite ‘malice�…
discussed Cited as authority (rule) First Bank of Linden v. Gunter
Bankr. N.D. Ala. · 2021 · confidence medium
Appx. at 544. (11th Cir. 2020); Kane v. Stewart Tilghman Fox & Bianchi (In re Kane), 755 F.3d 1285, 1293 (11th Cir. 2014)(citing Grogan v. Garner, 498 U.S. 279, 291 (1991)). 58 In re Gaddy, 977 F.3d at 1058 (quoting In re Kane, 755 F.3d at 1285 )). 59 Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)(quoting Famers Insurance Group v. Compos (In re Compos), 768 F.2d 768 F.2d 155, 1158 (10th Cir. 1985)). 60 Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998). 17 “In other words, a willful injury means ‘a deliberate or intentional injury, not merely a deliberate or intentional act th…
discussed Cited as authority (rule) Doiron v. Cruz (2×) also: Cited "see"
Bankr. M.D. Fla. · 2020 · confidence medium
Fla. 2001) (citing Hope v. Walker (In re Walker), 48 F.3d 1161, 1163-65 (11th Cir. 1995)). 5 Howard, 261 B.R. at 520. 6 See Id.; In re Dowdell, 406 B.R. 106, 114 (Bankr.
discussed Cited as authority (rule) Townsend v. Willman, Jr.
Bankr. M.D. Ga. · 2020 · confidence medium
However, the Eleventh Circuit has held: .. that proof of “willfulness” requires “‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’” In re Walker, 48 F.3d 1161, 1163 (11th Cir. 1995) (quoting In re Ikner, 883 F.2d 986, 991 (11th Cir. 1989)). “[A] debtor is responsible for a ‘willful’ injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.” Id. at 1165, see also Kawaauhau v. Geiger, 523 U.S. 57, 61-62 , 118 S. Ct. 974 , 14…
discussed Cited as authority (rule) Strategic Funding Source, Inc. d/b/a Kapitus v. Dodge
Bankr. N.D. Ga. · 2020 · confidence medium
A “malicious” injury is one which is “wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.” Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995) (citations omitted).
cited Cited as authority (rule) Buchanan v. Parks
Bankr. N.D. Ga. · 2020 · confidence medium
Ga. 2016) (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)).
discussed Cited as authority (rule) Michael Smith v. United States Bankruptcy Court for the District of Utah
10th Cir. BAP · 2020 · confidence medium
In formulating its definition of “malicious,” the Bankruptcy Court relied on Geiger 97 and In re Moore. 98 In Geiger, the Supreme Court held that a medical malpractice judgment debt, arising from negligent or reckless conduct, does not fall within the § 523(a)(6) willful and malicious exception to discharge. 99 The Supreme Court examined the term “willful” in (a)(6) in determining that reckless or negligent acts do not result in a willful injury.100 The Supreme Court did not need to, and did not, define the term “malicious.” In Moore, a workman was injured in an accident not cover…
discussed Cited as authority (rule) Ford, Jr. v. Landon
Bankr. N.D. Okla · 2020 · confidence medium
When injury was ‘neither desired nor in fact anticipated by the debtor,’ it is outside the scope of the statute.”38 In making this evaluation, “the court must determine what the debtor knew or intended with respect 33 § 523(a)(6). 34 In re Shore, 317 B.R. 536, 542 (10th Cir. BAP 2004) (citing Panalis v. Moore (In re Moore), 357 F.3d 1125, 1129 (10th Cir. 2004)). 35 In re Moore, 357 F.3d at 1129 (quoting Mitsubishi Motors Credit of Am., Inc. v. Longley (In re Longley), 235 B.R. 651, 657 (10th Cir. BAP 1999)). 36 Id. (emphasis added) (quoting Hope v. Walker (In re Walker), 48 F.3d 1161,…
discussed Cited as authority (rule) Kanaga v. Landon
Bankr. N.D. Okla · 2020 · confidence medium
When injury was 23 § 523(a)(6). 24 In re Shore, 317 B.R. 536, 542 (10th Cir. BAP 2004) (citing Panalis v. Moore (In re Moore), 357 F.3d 1125, 1129 (10th Cir. 2004)). 25 In re Moore, 357 F.3d at 1129 (quoting Mitsubishi Motors Credit of Am., Inc. v. Longley (In re Longley), 235 B.R. 651, 657 (10th Cir. BAP 1999)). 26 Id. (emphasis added) (quoting Hope v. Walker (In re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995)). 27 In re Wormington, 555 B.R. 794, 800 (Bankr.
discussed Cited as authority (rule) Ford, Jr. v. Landon
Bankr. N.D. Okla · 2020 · confidence medium
When injury was ‘neither desired nor in fact anticipated by the debtor,’ it is outside the scope of the statute.”37 In making this evaluation, “the court must determine what the debtor knew or intended with respect to the consequences of his actions.”38 The United States Supreme Court has held that § 523(a)(6) is restricted to “intentional torts,” i.e., those that “require that the actor intend ‘the consequences of an act,’ not simply ‘the act itself.’”39 In doing so, the Court found that “debts arising from recklessly or negligently inflicted injuries do not fall …
discussed Cited as authority (rule) Ford, Jr. v. Landon
Bankr. N.D. Okla · 2020 · confidence medium
When injury was ‘neither desired nor in fact anticipated by the debtor,’ it is outside the scope of the statute.”39 In making this evaluation, “the court must determine what the debtor knew or intended with respect to the consequences of his actions.”40 The United States Supreme Court has held that § 523(a)(6) is restricted to “intentional torts,” i.e., those that “require that the actor intend ‘the consequences of an act,’ not simply ‘the act itself.’”41 In doing so, the Court found that “debts arising from recklessly or negligently inflicted injuries do not fall …
cited Cited as authority (rule) All In One Trading, Inc., a California corporation v. Chaparala
Bankr. C.D. Cal. · 2020 · confidence medium
Hope v. Walker (In 20 re Walker), 48 F.3d 1161, 1164 (11th Cir. 1995).
discussed Cited as authority (rule) Kapitus Servicing, Inc. v. Polk
Bankr. M.D. Ga. · 2020 · confidence medium
The Eleventh Circuit has “conclude[d] that a debtor is responsible for a ‘willful’ injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.” Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995); accord In re Kane, 755 F.3d 1285, 1295 (11th Cir. 2014) (quoting Maxfield v. Jennings (In re Jennings), 670 F.3d 1329, 1334 (11th Cir. 2012)). “[A]lthough Geiger suggested a relationship between § 523(a)(6) and intentional torts, the Geiger standard is not necessarily satisfied by simply proving …
discussed Cited as authority (rule) Avren v. Daniel
Bankr. M.D. Fla. · 2020 · confidence medium
F. Count IV - § 727(a)(4) Under Section 727(a)(4), a debtor will be granted a discharge unless he knowingly and fraudulently made a false oath in or in connection with his bankruptcy case.28 A false statement or omission on a debtor’s schedules may constitute a false oath for purposes of § 727(a)(4).29 To warrant denial of a debtor’s discharge, the false oath “must be fraudulent and material.”30 Generally, courts evaluate false statements on a debtor’s bankruptcy schedules to determine whether they “were part of a scheme to retain assets for the defendant’s own benefit at the e…
discussed Cited as authority (rule) Hinton v. Blocker
Bankr. N.D. Ga. · 2020 · confidence medium
The Eleventh Circuit has “conclude[d] that a debtor is responsible for a ‘willful’ injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.” Hope v. Walker (In re Walker), 48 F.3d 1161, 1165 (11th Cir. 1995); accord Kane v. Stewat Tilghman Fox & Bianchi Pa (In re Kane), 755 F.3d 1285, 1295 (11th Cir. 2014) (quoting In re Jennings, 670 F.3d 1329, 1334 (11th Cir. 2012)).
33 Collier bankr.cas.2d 108, Bankr. L. Rep. P 76,477 in Re Keith Walker, Debtor. Frank B. Hope
v.
Keith Walker
94-8768.
Court of Appeals for the Eleventh Circuit.
Mar 30, 1995.
48 F.3d 1161
Lowendick, Speed & Donahue, P.C., Charles G. Hoey, Reynolds E. Pitts, Jr., Atlanta, GA, for'appellant., Joseph A. Homans, Thompson, Fox, Chandler, Homans & Hicks, Gainesville, GA, for appellee.
Birch, Dubina, Morgan.
Cited by 243 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: W.D. Wisconsin (1)
BIRCH, Circuit Judge:

In this appeal, we decide whether an employer’s failure to obtain statutorily required workers’ compensation insurance constitutes a willful and malicious injury under 11 U.S.C. § 523(a)(6). The district court held that such failure was not a willful and malicious injury; thus, the employer’s resulting debt to an injured employee was dischargeable in bankruptcy. We AFFIRM.

I. BACKGROUND

Debtor-appellee Keith Walker hired creditor-appellant Frank Hope to perform construction work on a house. . In the course of his employment, Hope fell from a height of eight feet and broke his forearm and elbow, resulting in medical expenses, lost wages, and permanent partial disability. Although Georgia state law requires general contractors to obtain workers’ compensation insurance for their subcontractors, [1] Walker had failed to obtain such coverage by the time of Walker’s accident. Walker claims that he did not insure his workers because he did not consider himself the general contractor for the construction project and because he believed that Hope and his coworkers were responsible for securing their own insurance.

Hope sued Walker for compensation for his injuries, and the State Board of Workers’ Compensation awarded Hope $27,939.41 in temporary and permanent partial disability benefits, medical costs, mileage, attorneys’ fees, interest, and penalties, plus reasonable future medical costs related to Hope’s inju-ríes. After paying a fraction of the ordered amount, Walker filed for Chapter 7 bankruptcy. Hope countered with a complaint requesting that his award be declared non-dischargeable under 11 U.S.C. § 523(a)(6) as a debt resulting from a willful and malicious injury. On cross-motions for summary judgment, the bankruptcy court dismissed Hope’s claim, reasoning that Walker’s failure to obtain insurance was not the direct cause of Hope’s injuries and citing the policy of strictly construing exceptions to discharge. The district court affirmed for the same reasons.

II. DISCUSSION

A court must grant summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(e). A moving party is entitled to summary judgment if the nonmoving party has “failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). We review the bankruptcy court’s grant of summary judgment de novo, applying the same legal standards used by the trial court. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1117 (11th Cir.1993).

Section 523(a)(6) of the Bankruptcy Code excepts from discharge in bankruptcy “any debt ... for willful and malicious injury by the debtor to another entity or to the property of another entity.” 11 U.S.C. § 523(a)(6). We have interpreted “willful” to require “a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.” Lee v. Ikner (In re Ikner), 883 F.2d 986, 991 (11th Cir.1989) [2] ; Chrysler Credit Corp. v. Rebhan, 842 F.2d 1257, 1263 (11th Cir.1988).[*1164] As used in section 523(a)(6), “malicious” means “ “wrongful and without just cause or excessive even in the absence of personal hatred, spite or ill-will.’ ” In re Ikner, 883 F.2d at 991 (quoting Sunco Sales, Inc. v. Latch (In re Latch), 820 F.2d 1163, 1166 n. 4 (11th Cir:1987)). Malice may be implied or constructive. Id. (“Constructive or implied malice can be found if the nature of the act itself implies a sufficient degree of malice.”). In other words, “a showing of specific intent to harm another is not necessary.” Id.

It is undisputed that Walker’s failure to obtain insurance was a willful act in that it was not the result of an accident or inadvertence, but was founded upon a putatively mistaken belief. Thus, the central issue in this case is whether a deliberate and intentional act that results in injury may constitute a “willful and malicious injury” under section 523(a)(6), or whether the debt- or must intend the actual injury before the resulting debt may be nondischargeable. The majority of circuits that have addressed this issue have strictly interpreted section 523(a)(6) to require that the debtor either intend the resulting injury or intentionally take action that is substantially certain to cause the injury. [3] Only the Ninth Circuit has held that an intent to do the act at issue-is sufficient to render the resulting injury “willful” under section 523(a)(6). Britton v. Price (In re Britton), 950 F.2d 602, 605 (9th Cir.1991). Even this disagreement is minimized, however, as the Ninth Circuit interpreted “malicious” to require a showing that the act in question ‘“necessarily produces harm and is without just cause or excuse ... even absent proof of a specific intent to injure.’ ” Id. (quoting Impulsora del Territorio Sur v. Cecchini (In re Cecchini), 780 F.2d 1440, 1443 (9th Cir.1986)).

We follow our sister courts in concluding that, in order to be “willful” under section 523(a)(6), the debtor must have intended more than merely the act that results in injury. Congress has been very clear in expressing its intention in section 523(a)(6). The plain language of section 523(a)(6) excepts from discharge debts arising from “willful and malicious injury” rather than “willful and malicious acts which cause an injury.” Eaves v. Hampel (In re Hampel), 110 B.R. 88, 93 (Bankr.M.D.Ga.1990); see also Farmers Insurance Group v. Compos (In re Compos), 768 F.2d 1155, 1158 (10th Cir.1985) (“ “Willful’ modifies ‘injury.’ Section 523(a)(6) does not except from discharge intentional acts which cause injury; it requires instead an intentional or deliberate injury.”). In reenacting this language in the Bankruptcy Reform Act of 1978, both houses of Congress stated that “[u]nder this paragraph “willful’ means deliberate or intentional. To the extent that Tinker v. Colwell, 193 U.S. 473[, 485, 24 S.Ct. 505, 508, 48 L.Ed. 754 (1904)] held that a less strict standard is intended, and to the extent that other cases have relied on Tinker to apply a ‘reckless disregard’ standard, they are overruled.” S.Rep. No. 989, 95th Cong., 2d Sess. 79 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 5865 (citation omitted); see also H.R.Rep. No. 595, 95th Cong., 2d Sess. 365 (1978), reprinted in 1978 U.S.C.C.A.N. 5963, 6320-21. Mindful of our obligation to construe strictly exceptions to discharge in order to[*1165] give effect to the fresh start policy of the Bankruptcy Code, Equitable Bank v. Miller (In re Miller), 39 F.3d 301, 304 (11th Cir. 1994), we hold that section 523(a)(6) requires á deliberate or intentional injury.

As the Third Circuit noted in Conte v. Gautam (In re Conte), 33 F.3d 303, 308 (3rd Cir.1994), however, intent is not limited to the consequences that an actor consciously desires: “under the common law ‘[t]he word “intent ... denote[s] that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it.” ’ ” Id. (quoting Restatement (Second) of Torts § 8A (1979) (alterations and emphasis in original)). Because Congress reenacted section 523(a)(6) in the context of the common law, we conclude that a debtor is responsible for a “willful” injury when hé or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury. See id. Applying the rule in this case, it- is clear that Hope’s physical injury was not substantially certain to result from Walker’s failure to obtain workers’ compensation insurance. While Walker’s failure to act did result in Hope’s lack of coverage after the latter’s accident, it cannot be said that Walker intended for Hope to suffer a fall or that there was an unbroken chain of events leading from Walker’s intentional act to Hope’s physical injury.

Hope’s secondary argument is that his true injury was the loss of his statutory right to workers’ compensation insurance protection. Thus, because Hope’s economic injury was a necessary and direct result of Walker’s failure to obtain such coverage, Walker must have intended that economic injury. There is some support for this view among the. bankruptcy courts. See, e.g., Strauss v. Zielinski (In re Strauss), 99 B.R. 396, 399 (N.D.Ill.1989) (“[T]he injury to be concentrated on in the instant ease is not the injury to the appellee’s eye but to his statutory right to insurance protection from monetary loss due to injuries suffered at work. Undoubtedly, this right of the appellee was injured by the appellant’s failure to procure workman’s compensation insurance.” (citation omitted)); Hester v. Saturday (In re Saturday), 138 B.R. 132, 135 (Bankr.S.D.Ga.1991) (“[I]t is foreseeable that workers will sustain on-the-job injuries and to the extent that an employer fails to provide insurance as required by law that failure necessarily causes economic injury to any worker who sustains a physical one.”); Vig v. Erickson (In re Erickson), 89 B.R. 850, 853 (Bankr.D.Idaho 1988); Juliano v. Holmes (In re Holmes), 53 B.R. 268, 270 (Bankr.W.D.Pa.1985). However, Hope has failed to cite, and we cannot locate, any persuasive or binding authority to convince us that statutorily required workers’ compensation benefits are property, distinguishable from the rights of any other creditor against a debtor.

More importantly, this type of “injury” is nothing more than a recasting of the “reckless disregard” standard expressly rejected by Congress and by this court. American Cast Iron Pipe Co. v. Wrenn (In re Wrenn), 791 F.2d 1542, 1544 (11th Cir. 1986) (per curiam) (“[A]n act in reckless disregard of the rights of others, is insufficient to constitute ‘willful and malicious’ conduct for purposes of 11 U.S.C. § 523(a)(6).”); Chrysler Credit Corp., 842 F.2d at 1263; S.Rep. No. 989, at 79, 1978 U.S.C.C.A.N. at 5865; H.R.Rep. No. 595, at 365, 1978 U.S.C.C.A.N. at 6320-21. Operating without insurance is a clear example of recklessness: the failure to insure does not guarantee that an employee will suffer a physical or economic injury while on the job. • The employer’s failure to secure workers’ compensation coverage mandated by the state legislature may subject him to criminal penalties including imprisonment, see O.C.G.A. §§ 34-9-126(b), 17-10-3(a), but it does not follow that his discharge in bankruptcy is to be denied as an additional penalty. Moreover, we reject the argument that a loss of workers’ compensation insurance per se is an injury under section 523(a)(6).

III. CONCLUSION

Hope argues that Walker’s intentional failure to obtain statutorily required workers’ compensation insurance constitutes a “willful and malicious injury” under section 523(a)(6). We conclude that Walker did not intend to[*1166] injure Hope and that Hope’s physical injuries were not substantially certain to occur as a result of Walker’s failure to act. Accordingly, we AFFIRM the district court’s decision to dismiss Hope’s claim on summary judgment-

1

. O.C.G.A. § 34-9-8. Refusal or willful neglect to obtain workers' compensation insurance where required is a misdemeanor. O.C.G.A. § 34-9-126.

2

. The distinction between an intentional act and an intentional injury, while critical to the present case, was not at issue in In re Ikner. Thus, we do not consider our use of the word “act” in In re Ikner, 883 F.2d at 991, to be controlling here.

3

. See, e.g., Conte v. Gautam (In re Conte), 33 F.3d 303, 307.(3rd Cir.1994) ("We hold that actions are willful and malicious within the meaning of § 523(a)(6) if they either have a purpose of producing injury or have a substantial certainty of producing injury.”); Dorr, Bentley & Pecha, CPA's, P.C. v. Pasek (In re Pasek), 983 F.2d 1524, 1527 (10th Cir.1993) (" '[Wjillful and malicious injury' occurs when the debtor, without justification or excuse, and with full knowledge of the specific consequences of his conduct, acts notwithstanding, knowing full well that his conduct will cause particularized injury. Such a standard is consistent with our rule that § 523(a)(6) requires not only intentional conduct on the part of the debtor, but also intentional or deliberate injury.”); Vulcan Coals, Inc. v. Howard, 946 F.2d 1226, 1228-29 (6th Cir.1991) (explicitly rejecting the very strict view that § 523(a)(6) requires an intent to cause injury, but adopting a narrow interpretation of "willful and malicious” that requires “a wrongful act done intentionally, which necessarily produces harm and is without just cause or excuse”); Cassidy v. Minihan, 794 F.2d 340, 343-44 (8th Cir.1986) ("We believe that the [legislative history of § 523(a)(6) ] persuasively indicates congressional intent to allow discharge of liability for injuries unless the debtor intentionally inflicted an injury.”); Kelt v. Quezada (In re Quezada), 718 F.2d 121, 123 (5th Cir.1983) (holding that a creditor must demonstrate "conduct designed to cause deliberate or intentional injury" to establish a "willful and malicious injury” under § 523(a)(6)).