In Re: Joshua Simon Margulies
| Joshua Simon Margulies |
| Joshua Simon Margulies |
| USAA Casualty Insurance Company |
| 1:2013cv06009 |
| August 27, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Appeal |
| 28 U.S.C. ยง 0158 |
| None |
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Filing
43
OPINION AND ORDER: For the reasons set forth in the Opinion, the May 16, 2013 judgment of the Bankruptcy Court is VACATED, and the action is REMANDED for proceedings and further factual findings consistent with this decision. Specifically, a s to the Dischargeability Claim, the Bankruptcy Court should consider on remand (i) whether Margulies was substantially certain that Hough's injuries would occur, and if he was not, (ii) whether that finding impacts the Bankruptcy Court& #039;s determination that Margulies's actions were malicious; as well as (iii) whether Margulies's actions were undertaken for the purpose of economic benefit. As to the § 3420 Claim, the Bankruptcy Court should consider on remand ( i) whether Margulies's intent and knowledge establish that Hough's injuries were the sort that would flow "directly and immediately" from Margulies's actions; and (ii) whether the Incident was accidental, that is, "unusual, unforeseen, or unexpected" from Margulies's perspective. The Clerk of Court is directed to mark the case as closed. (Signed by Judge Katherine Polk Failla on 9/9/2014) (tn)
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