First Weber Group, Inc. v. Horsfall

Bankruptcy Ct. did not err in denying plaintiff-creditor’s request to except from bankruptcy discharge defendant-debtor’s debt from state-court judgment in breach of contract and tortious interference action, alleging that defendant had wrongfully accepted real estate commission during time when commission belonged to plaintiff. While plaintiff asserted that instant debt was not dischargeable because defendant’s conduct (in signing plaintiff’s real estate client to separate agreement) constituted “willful and malicious” injury, Bankruptcy Ct. could properly find that defendant did not intend to injure plaintiff, so as to exempt instant debt from discharge order, where Bankruptcy Ct. found that defendant did not realize that prior real estate contract between plaintiff and client was still in force at time defendant entered into subsequent real estate agreement with same client. Moreover, defendant’s actions did not affect plaintiff’s ability to seek instant commission directly from client based on language in plaintiff’s contract with client.