IN RE WHITE
18 B.R. 246 (1982)
NATURE OF THE CASE: Davis (P) filed to determine the dischargeability of a debt of White
(D) pursuant to 11 U.S.C. 523(a)(6).
FACTS: D shot P in the stomach with a handgun. D was sentenced him to serve five years. P
obtained a default judgment against D in the amount of $50,000.00 in that D willfully and
maliciously wounded P. D filed his petition in bankruptcy and P now asks this Court to
declare D's debt on account of that judgment nondischargeable in bankruptcy. P and his
brother were washing cars in front of their mother's house. At the same time D, who lives
less than one block away on the same street, was having a conversation with Tipton. D and
Tipton continued an argument which had begun approximately one week earlier. D had obtained
a gun in anticipation of seeking Tipton. D pulled his gun on Tipton. Tipton mounted his
motorcycle and sped away. D shot at Tipton as Tipton passed within twenty-five feet of P. He
missed Tipton and the bullet hit P in the stomach. D clearly intended to shoot Tipton;
however, he missed and the bullet hit P instead.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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