Obtained judgment of non-dischageability for creditor following trial in Bankruptcy Court

A pensioner’s daughter concealed the pensioner’s death and continued to wrongfully accept pension benefit payments for several years. The pension fund sued the pensioner’s daughter in state court and obtained a judgment. Shortly after the judgment was entered, the pensioner’s daughter filed a Chapter 7 bankruptcy case seeking to discharge the judgment obligation to the pension fund. The pension fund sued the pensioner’s daughter, asserting that the pension fund’s claim was non-dischargeable under applicable bankruptcy law. Brian represented the pension fund in the bankruptcy court litigation. Following trial, the Bankruptcy Court entered a judgment in favor of the pension fund, finding that the debt to the pension fund was non-dischargeable as a debt incurred by willful and malicious injury by the Chapter 7 debtor to the pension fund.

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