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Evidence Keyed to Allen
In re Thirtyacre
Citation:154 B.R. 497 (Bankr. C.D. Ill. 1993)
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In a trial, a judgment creditor sought a finding from the Bankruptcy Court that the debt was nondischargeable as a willful and malicious injury, because it was based on a state court judgment that the debtor Thirtyacre had assaulted the creditor. The debtor Thirtyacre’s defense was that his mental capacity to form an intent to act in a willful and malicious manner was impaired because he had been taking the drug Pamelor and drinking alcohol at the time of the assault. Thirtyacre asked the court to take judicial notice of the effects of Pamelor.
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