Is a debt arising from a malicious injury when it is determined that the creditor intended to cause injury to the creditor or had a reasonable chance of injury?

federal, United States of America

The following excerpt is from Garcia v. Fawzy (In re Garcia), Adv. No. 6:18-ap-01065-SC, BAP No. CC-19-1214-SGF, BAP No. CC-19-1232-SGF (Cross-Appeals) (B.A.P. 9th Cir. 2020):

subjectively intended to cause injury to the creditor or subjectively believed that injury was substantially certain to occur. In re Ormsby, 591 F.3d at 1206; In re Su, 290 F.3d at 1144-46. A debt arises from a "malicious" injury when it is based on: "(1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse." In re Ormsby, 591 F.3d at 1207 (quoting Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1209 (9th Cir. 2001)).

Other Questions


Does reasonable cause and probable cause overlap with reasonable cause? ("New York", United States of America)
Can a court grant immunity from liability for search and seizure damages to a police officer who reasonably but mistakenly believed that he had reasonable cause or probable cause to search? (MultiRegion, United States of America)
What is the test for determining the date a plaintiff reasonably should have discovered the cause of an injury when they were injured? (MultiRegion, United States of America)
Is proximate cause for injury determined by the character of injury suffered? ("New York", United States of America)
What is the test for determining whether there is sufficient evidence to find that there is a reasonable chance that the Defendant is responsible for the injuries sustained in a motor vehicle accident? (MultiRegion, United States of America)
What is the test for determining whether there is cause for cause of death in a motor vehicle accident? (MultiRegion, United States of America)
Is reasonable suspicion or probable cause de novo reasonable? (MultiRegion, United States of America)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
In what circumstances will a court consider collective knowledge of the arresting officers in determining probable cause or reasonable suspicion? (MultiRegion, United States of America)
What is the test for giving a plaintiff a reasonable cause in a claim for damages arising out of an alleged threat to their lives, liberty and especially their security? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.