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Debts and discharge
Willful and malicious injury
A kind of debt that a bankruptcy discharge does not cover: a debt for willful and malicious injury that the debtor caused to someone else or to someone else's property. 1
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The exception is about intended harm. The Supreme Court held in Kawaauhau v. Geiger that the word willful requires a deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury. Debts from injuries inflicted recklessly or negligently do not fall within the exception. 2
The exception is not automatic. The debt is discharged unless the creditor asks the bankruptcy court to rule that it is excepted from discharge, and the court so determines after notice and a hearing. 1
The creditor's request has a deadline. The complaint must be filed within 60 days after the first date set for the meeting of creditors. The court may extend the time for cause if asked before it runs out. 3
Chapter 13 differs. Debts for willful and malicious injury to property can be discharged in Chapter 13 although not in Chapter 7. But a Chapter 13 discharge granted after all plan payments does not cover restitution or damages awarded in a civil action for willful or malicious injury that caused personal injury or death. 4
Common questions
Is a debt from a car accident a willful and malicious injury?
Does the creditor have to do anything?
Is it treated the same in Chapter 13?
No. Debts for willful and malicious injury to property can be discharged in Chapter 13, but civil awards for willful or malicious injury that caused personal injury or death are not covered by the discharge. 4
Sources
Sued over an injury, or served with a complaint in your case?
A bankruptcy lawyer in your state can tell you whether the debt is likely to survive a discharge.
Connect to a bankruptcy lawyer