US Supreme Bankruptcy Dcisions

US Supreme Court Bankruptcy Decisions

Kawaauhau v. Geiger, 523 US 57, 140 L.Ed.2d 90 (1998)

The exception requires a willful and malicious intent to injure, not merely a willful and malicious act that incidentally causes injury. Geiger was a medical doctor who had no malpractice insurance. Kawaauhau was a patient who had her right leg amputated below the knee due to a mis-treated infection. Geiger did not intend to cause injury, so the debt was discharged. The failure to have malpractice insurance was negligent or reckless, not willful and malicious. Doesn't sound like Melanie's client has a problem.

Date of this opinion: March 3, 1998

For the full opinion click here.