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In re Bailey / Bensenville CC v. Bailey (ND IL ED)(J. Squires)

Bankruptcy Case: In re Gail K. Bailey, 10-00739
Adversary: Bensenville CCU v. Bailey, 10-00538

:January 4, 2011
Judge: John H. Squires

The Upshot
: Debtor destroyed her vehicle but claimed that it had been destroyed, resulting in the auto finance company being unable to collect from her insurer. The creditor successfully sought to except sums owed by the debtor as to that vehicle from her Chapter 7 discharge, under the aegis of 11 USC 523(a)(6) (intentional, malicious damage to secured property). Like almost all of Judge Squires’ Opinions, this one reads like a first class primer on the issues involved, namely Requests to Admit, Summary Judgment, Chapter 7 Discharges, and Exceptions to Discharge.

View and download the Opinion in .pdf format by clicking here.

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