DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192751P.pdf 02/09/2021 Derek Luebbert v. Global Control Systems, Inc.
U.S. Court of Appeals Case No: 19-2751
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Kobes, Author, with Smith, Chief Judge, and Benton, Circuit
Judge]
Civil case - Bankruptcy. The facts underlying debtor's former employer's
judgment against him showed he caused a willful and malicious injury to
the employer, and the bankruptcy court did not err in concluding the
judgment debt was nondischargeable under 11 U.S.C. Sec. 523(a)(6); the
court takes this opportunity to clarify its law about exceptions to
discharge under Sec. 523(a)(6) and holds that a judgment for an
intentional tort is not necessary to find judgment debt for a breach of
contract nondischargeable; the willfulness requirement is met when the
bankruptcy court finds facts showing the debtor's conduct accompanying the
breach of contract amounted to an intentional tort against the creditor;
under Missouri law, debtor's actions here amounted to the intentional tort
of conversion.