Watson v. Bradsher et al
1:2021cv01778 |
August 12, 2022 |
US District Court for the Northern District of Georgia |
Atlanta Office |
Bankruptcy Appeal (801) |
28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA |
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Filing 11 ORDER re 1 Bankruptcy Notice of Appeal. The Order and Judgment of the Bankruptcy Court (Docs. 1-2, 1-3) are AFFIRMED IN PART AND REVERSED IN PART. The finding of the Order and Judgment that any debt arising from Plaintiffs' false imprisonment claims is nondischargeable is AFFIRMED, as is its finding that any debt from Plaintiffs slander claim resulted from a "malicious injury." However, given the Bankruptcy Court's finding that Defendant "genuinely believed Plaintiffs had taken his wallet," we must REVERSE the Order and Judgment with respect to the Bankruptcy Court's finding that the slander injury was "willful." It may yet be determined that the slander injury was indeed willful under § 5 23(a)(6). But further factual clarification is necessary, as the Court discusses above. See supra Part IIl(B)(3). The case is REMANDED to the Bankruptcy Court for further proceedings consistent with this opinion. Signed by Judge Sarah E. Geraghty on 08/12/2022. (rsg) |
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