(S.D. Ind. Mar. 31, 2017)
The district court affirms the bankruptcy court’s ruling in favor of the debtor in the nondischargeability action. The NLRB argued its claim against the debtor should be denied under 11 U.S.C. § 523(a)(6). The court holds that the prepetition administrative ruling finding the debtor acted out of “antiunion animus” did not necessarily satisfy the requisite intent required under § 523(a)(6). Collateral estoppel did not apply. Opinion below.
Attorneys for NLRB: Dalford D. Owens , Jr., William R. Warwick
Attorneys for Debtor: Faegre Baker Daniels LLP, Dustin R. DeNeal, Harmony A. Mappes