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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