• Debtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy
  • February 14, 2017 | Author: Samantha Alves Orender
  • Law Firm: Burr & Forman LLP - Jacksonville Office
  • On November 21, 2016, in a case entitled In re Monson,1 the Eleventh Circuit Court of Appeals affirmed the Bankruptcy Court's decision,2 which held that a debtor's conduct constituted a willful and malicious injury to a creditor within the meaning of 11 U.S.C. § 523(a)(6), because the debtor injured the creditor's right to recover its loan, the injury was intended, and the debtor was conscious of his wrongdoing. Thus, the debt was nondischargeable under § 523(a)(6).