Order after trial on the dischargeability of debt from default judgment under 11 U.S.C. §§ 523(a)(4) and (a)(6). Irreconcilable testimony regarding missing firearms prevented the Plaintiff from carrying his burden of proof as to the dischargeability of the judgment debt except as to one weapon—a Singer M1911 45-caliber pistol. The Court found that § 523(a)(4) was satisfied with respect to the Singer because the Plaintiff demonstrated by a preponderance of the evidence that (1) the Debtor obtained the Singer rightfully, (2) the Debtor appropriated the Singer for his personal use, and (3) the appropriation occurred with fraudulent intent. The Court also found that the Plaintiff carried his burden as to § 523(a)(6), finding that the sale of the Singer and subsequent injury to the Plaintiff was intentional, malicious, and wrongful, as the Debtor had no basis upon which to dispose of the Singer.
Date:
01/11/2016