Dering Pierson Group, LLC v. Kantos, No. 17-6014 (8th Cir. 2018)Annotate this Case
The 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).