IN RE THIRTYACRE 154 B.R. 497 (Bankr. C.D. Ill. 1993) CASE BRIEF

IN RE THIRTYACRE

154 B.R. 497 (Bankr. C.D. Ill. 1993)

NATURE OF THE CASE: Thorp (P) filed an adversary action to determine the dischargeability of a debt owed her by the Debtor, Thirty Acre (D) arising out of an assault.

FACTS: D was the sheriff and also suffering from depression. It was caused by his suspicion his wife was having an affair with Brokaw. The drug Pamelor was prescribed. D was instructed not to drink alcoholic beverages while taking this drug. D had obtained a tape recording of a telephone conversation between Brokaw and his wife which confirmed in his mind that an affair was occurring. The day before D saw Brokaw and his wife driving in the same direction, but in separate cars, which added to his belief about an affair. The day of the incident D and his wife had an argument and that afternoon D started drinking. That evening he returned home and struck his wife. Brokaw was dating P. P wanted to tell P what he thought was going on between Brokaw and his wife. D went to the P's home. No one was present. P kicked in the back door. Brokaw and P returned to her home and found the damage. Brokaw called the police department and a telephone conversation between Brokaw and D occurred as D had gone to that department. D told Brokaw he was going to return to P's home to physically attack him. When D returned to P's home, P attempted to intercede, and D struck P. The police then arrived and subdued D. P sued D in state court and obtained a default judgment for $25,000.00. D filed Chapter 7 and P filed this adversary proceeding to have the judgment debt declared nondischargeable as a willful and malicious injury under 523(a)(6) of the Bankruptcy Code, P contends because he was taking Pamelor and drinking alcoholic beverages, and his mental capacity to form an intent to act in a willful and malicious manner was impaired. The parties stipulated that was the only issue and a trial was held. D petitioned the court to take judicial notice of the matters in the Pamelor pamphlet.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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