The Scope of Intentional Injury under Kawaauhau v. Geiger, 118 S. Ct. 974 (1998)

Authors

Chad A. Cutshall, University of Nebraska College of Law

Abstract

This Note examine the Supreme Court's holding in Kawaauhau v. Geiger and the proper scope to be given to the term "intent" as used by the Court. First, this Note presents a history of the willful and malicious injury discharge exception in United States bankruptcy law including a summary of the Kawaauhau holding. Second, this Note examines the Supreme Court's holding in Kawaauhau, which correctly interpreted willfulness under 11 U.S.C. § 523(a)(6) to require intent to injure. Finally, this Note examines the proper interpretation to be given to the term "intent" as used by the Court in Kawaauhau to enable the discharge exception to serve its function of excepting the discharge of debts arising from willful and malicious injuries.

Recommended Citation

Chad A. Cutshall, The Scope of Intentional Injury under Kawaauhau v. Geiger, 118 S. Ct. 974 (1998), 78 Neb. L. Rev. (1999)
Available at: https://digitalcommons.unl.edu/nlr/vol78/iss2/8