09-26463 In re: Mathews

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Bankruptcy
Dischargeability; malicious conduct

Where a 16-year-old threw only one punch at another person who died as a result, and was provoked into doing so, his debt to the estate is dischargeable in bankruptcy.

“In analyzing the Debtor’s claim of self-defense, the Court recognizes the conflicting testimony of the young people who attended the party that night. Nino’s friends testified that he did not want to fight, and that Nino was trying to pull back and explain to the Debtor that the phone calls were all a ‘misunderstanding,’ when the Debtor drew back and hit him with a ‘sucker punch.’ The Debtor and his witnesses testified that Nino was extremely intoxicated, and was harassing, taunting and challenging the Debtor to a fight when Nino pushed the Debtor. The Debtor said that Nino’s friends were yelling for Nino to hit him, and he was afraid he would get “jumped” if he tried to turn away. After being pushed, he reacted by punching Nino one time in the face. In the credibility dispute, the Court sides with the Debtor. Nino’s friends’ memories of that evening and their testimony are understandably colored by their personal allegiance to him. Moreover, almost all of Nino’s friends who testified admitted to drinking that evening, and they admitted that Nino was also drunk. The entire incident was over in seconds, and the Court finds as a fact that the Debtor and his witnesses’ testimony concerning the confrontation is the credible version of what happened.”

“Accepting that version of events, and judging the Debtor’s beliefs and conduct in comparison to what a reasonable 16-year old would believe, the Court finds that the Debtor reasonably believed that his life was in danger or that he was likely to suffer great bodily harm, and that the Debtor’s striking Nino with one punch was an act that he reasonably believed was necessary to save his life or protect himself from bodily harm. Therefore, the Debtor’s conduct was not malicious as required for a determination of nondischargeability under Bankruptcy Code § 523(a)(6).”

09-26463 In re: Mathews

E.D.Wis., Kelley, Bankr. J.