Carolina First Bank v. Hanley

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
KEVIN O. HANLEY,
Debtor.
____________________________
CAROLINA FIRST BANK,
Plaintiff,
v.
KEVIN O. HANLEY,
Defendant.
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Case No. 08-00123
(Chapter 13)
Adversary Proceeding No.
08-10014
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER RE MOTION FOR DEFAULT JUDGMENT
This addresses the Motion for Entry of Default Judgment
Against Kevin O. Hanley filed by the plaintiff, including the
Affidavit of Jeffrey M. Orenstein. 	The time for defendant, Kevin
O. Hanley, to respond to the complaint has expired without an
answer or responsive motion being filed. 	The plaintiff seeks
relief under 11 U.S.C. §§ 523(a)(2)(A) and (B) and 523(a)(6).
The complaint makes out a good claim under § 523(a)(2)(A) and
(B), but it is questionable whether it states a valid basis for
The Memorandum Decision and Order below is hereby
signed. Dated: June 23, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-10014 Doc 7 Filed 06/23/08 Entered 06/23/08 16:24:19 Desc Main
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relief under § 523(a)(6) which is not incorporated verbatim into
chapter 13 under 11 U.S.C. § 1328(a). 	Although language similar
to § 523(a)(6) is included in § 1328(a)(4), it requires an award
in a civil action, and, in any event, is limited to acts that
caused personal injury to “an individual” or the death of “an
individual.” 	The plaintiff is not an individual. 	Moreover, it
is doubtful even under § 523(a)(6) that procuring a loan by fraud
constitutes willful injury to the lender’s property. 	But the
granting of relief under § 523(a)(2) makes it unnecessary to
reach the issue of relief under § 523(a)(6). 	It is thus
ORDERED that plaintiff’s Motion be, and the same hereby is,
granted in part; and it is further
ORDERED that judgment will be entered in favor of plaintiff
and against Kevin O. Hanley determining that the debt that Kevin
O. Hanley owes the plaintiff is nondischargeable under §
523(a)(2)(A) and (B), and dismissing as moot the claim for relief
under § 523(a)(6).
[Signed and dated above.]
Copies to: All counsel of record; debtor; Michael R. Murphey,
Esq.; Cynthia A. Niklas, Chapter 13 Trustee.
Case 08-10014 Doc 7 Filed 06/23/08 Entered 06/23/08 16:24:19 Desc Main
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