What constitutes "willful conduct" in the context of personal injury claims?
MultiRegion, United States of America
The following excerpt is from B.B. v. Grossman (In re Grossman), 538 B.R. 34 (Bankr. E.D. Cal. 2015):
Willful conduct, in the context of personal injury, entails a deliberate or intentional injury and not merely an injury resulting from a deliberate or intentional act. Kawaauhau v. Geiger, 523 U.S. 57, 6162, 118 S.Ct. 974, 140 L.Ed.2d 90 (1998) ( 523(a)(6) ).
The debtor must either subjectively have intended to cause injury or have believed injury was substantially certain to result. Carillo v. Su (In re Su), 290 F.3d 1140, 114647 (9th Cir.2002) ( 523(a)(6) ) (Su ).
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