Bankruptcy – Emotional distress – §523(a)(6)

A state court judgment against a debtor should not have been excepted from discharge under 11 U.S.C. §523(a)(6), as the record does not establish that all elements of the plaintiff’s §523(a)(6) claim were finally determined in the state court litigation.

In Re: Bradley, John R. (Lawyers Weekly No. 03-005-12) (11 pages) (Haines, J.) (BAP) Appealed from a decision by Hillman, J., in the U.S. Bankruptcy Court for the District of Massachusetts. Dmitry Lev for the defendant debtor; Gary W. Cruickshank for the plaintiff-appellee (Docket No. MB 110062) (March 7, 2012).