Simon and Clayton became involved in a fistfight outside of a diner in Lafayette, Louisiana, in October 2010. Simon claimed Clayton disrespected him by speaking with Simon's girlfriend who was seated in Simon's pickup truck while Simon was in the diner. Simon punched Clayton and then attempted to leave the parking lot. However, Clayton removed the keys from Simon's truck in order to keep him from leaving before the police arrived. Simon responded by striking Clayton, knocking him to ground and then repeatedly punching him. Clayton was hospitalized as a result of his injuries and incurred more than $14,000 in medical expenses. Clayton sued Simon in Louisiana state court and received a default judgment. Simon subsequently filed a Chapter 7 bankruptcy petition seeking to discharge Clayton's judgment. Clayton objected and claimed the damages award was non-dischargeable as his injuries resulted from Simon's willful and malicious acts. Simon claimed Clayton provoked the fight, he did not intend to harm Clayton but was only attempting to retrieve his keys and defend himself, and Clayton consented to the battery as a willing participant in the fight. Was Simon's conduct willful and malicious such as to prevent the discharge of the debt owed to Clayton? What effect should state tort law doctrines have on the outcome of bankruptcy proceedings? Source: In re Simon, 2017 WL 4118284 (Bankr. W.D. La. Aug. 3, 2017).

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Elements of a Claim Under section 523a 6 Section 523a 6 provides for the nondischarge ability of debts arising from a willful and malicious injury by the debtor to another entity or to the property of ... View the full answer