In a recent decision by the Bankruptcy Court in Boston, Massachusetts, the court discussed the definition of “willful and malicious” conduct. The decision, In re: Abramowitz, Chapter 7 Case No. 08-42847, held that a debtor could discharge damages he owed to another party for property damage to that party’s trees.
Bankruptcy law allows debtors to discharge most consumer debt and to keep specifically identified assets. However, the law does not allow any discharge of debt for “for willful and malicious injury by the debtor to another entity or to the property of another entity.” This law typically covers such events as damages caused by criminal activity.