Wills & Trusts · 2023
What Is In re: Burchett About?
What the court held
The court held that the debts were not dischargeable, as they were incurred through conduct that was both willful and malicious.
The rule it established
Under Section 523(a)(6) of the Bankruptcy Code, debts resulting from 'willful and malicious injury by the debtor to another entity or to the property of another entity' are not dischargeable.
Why it matters
This case underscores the interpretative approach courts may take when examining 'willful and malicious' under bankruptcy law, providing a template for both practitioners and law students. It highlights the importance of distinguishing between reckless misconduct and willful intent, focusing on the subjective nature of the debtor's intent alongside objective harm caused.
Read the full In re: Burchett case brief — facts, procedural posture, issue, and reasoning.