Gergely, an obstetrician, performed an amniocentesis on Jordan Lee-Brenner's mother during her pregnancy. As a result of problems with the procedure, Jordan Lee-Brenner was blinded in one eye. After his birth, and through his guardian, Lee- Brenner brought an action against Gergely, claiming that Gergely had misrepresented the need for amniocentesis and had performed it negligently. Lee-Brenner received an award for $780,282, which he failed to collect prior to Gergely's filing a Chapter 7 bankruptcy petition. Lee-Brenner moved to have the judgment set aside as a non-dischargeable debt. The bankruptcy court dismissed his petition, so he appealed. On what grounds could he argue that the debt should not have been discharged? Do you think his argument was successful before the appellate court?