(DOWNLOAD) "In re Pasek" by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: In re Pasek
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 20, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
KELLY, Circuit Judge. Appellant CPA firm appeals from the judgment of the district court affirming the bankruptcy court's decision that a $179,000 debt owed appellant was dischargeable in bankruptcy. In an adversary proceeding which included a trial before the bankruptcy court, the CPA firm contended that Debtor's breach of a covenant not to compete contained in a partnership agreement was willful and malicious. Accordingly, it argued that the resulting damages were not dischargeable pursuant to 11 U.S.C. 523(a)(6). The bankruptcy court held that the CPA firm had failed to establish by a preponderance of the evidence that Debtor's breach of the agreement was willful and malicious as required by 11 U.S.C. 523(a)(6). In re Pasek (Dorr & Associates v. Pasek), 129 Bankr. 247, 254; 25 Collier Bankr. Cas. 2d (MB) 313, 323 (Bankr. D. Wyo. 1991). Acting in its appellate capacity, 28 U.S.C. 158(a), the district court affirmed. On appeal, the CPA firm contends that the district court and bankruptcy court misapplied 523(a)(6) and that Debtor's actions constituted willful and malicious conduct under the statute. Our jurisdiction arises under 28 U.S.C. 158(d) and we affirm, though we do not agree entirely with the reasoning of the district court or the bankruptcy court.
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