Dering Pierson Group, LLC v. Kantos, No. 17-6014 (8th Cir. 2018)
Annotate this CaseThe Bankruptcy Appellate Panel affirmed the bankruptcy court's conclusion that DPG's claim against debtor was not nondischargeable under 11 U.S.C. 523(a)(6). The panel held that the bankruptcy court did not clearly err by determining that DPG had failed to establish the essential elements of its claims by a preponderance of the evidence. In this case, no evidence established that filing of the mechanic's lien at issue was certain or almost certain to cause harm to DPG, and therefore malicious or willful under section 523(a)(6).
Court Description: Dow, Author, with Nail and Schermer, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not clearly err in concluding that Dering had not met its burden of proof regarding whether debtor's action in erroneously filing a mechanic's lien was a malicious or willful injury under Section 523(a)(6), and the court did not err in discharging Dering's claim. [ January 08, 2018
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