United States Ninth Circuit

In an action brought by plaintiff seeking a judgment of non-dischargeability of defendant's debt under 11 U.S.C. section 523(a)(6) with regards to a malpractice judgment she previously secured against him, summary judgment for defendant is affirmed over claims that: 1) the malpractice judgment, which was based in part on a theory of informed consent, constituted a debt for "willful and malicious injury" for purposes of section 523(a)(6); and 2) she should be permitted to amend her complaint to object to granting defendant discharge in bankruptcy, even though he was granted a discharge more than a year before her motion to amend.

Appellate Information

• Argued 11/06/2007
• Decided 12/14/2007
• Published 12/14/2007

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher A. Dias, Schutter Dias & Smith, Honolulu, HI, for the plaintiff-appellant.


• For Appellees:
  
• Richard H. Grover, Honolulu, HI, for the defendant-appellee.