Gerard v. Gerard

Dist. Ct. erred in affirming Bankruptcy Ct. order that found that Wisc. state court jury finding against debtor in slander of title lawsuit established that debtor had acted willfully within meaning 11 USC section 523(a)(6) that in turn precluded debtor from discharging $281,000 judgment that had been entered against him in said lawsuit. Special verdict form in state-court lawsuit allowed jury to find against debtor based on either intentional or negligent conduct. As such, remand was required for determination by Bankruptcy Ct. as to whether debtor’s actions in slander of title claim were “willful and malicious” within meaning of section 523(a)(6).