Hartley, Matter of, 88-1839
Decision Date | 17 May 1989 |
Docket Number | No. 88-1839,88-1839 |
Citation | 874 F.2d 1254 |
Parties | In the Matter of James Lee HARTLEY, Debtor. James Lee HARTLEY, Appellant, v. Rickey D. JONES, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for the Western District of Missouri; Howard Sachs, Judge.
Keith R. Krueger, Kansas City, Mo., for appellant.
Julia J. Borel, Kansas City, Mo., for appellee.
Prior report: (8th Cir.) 869 F.2d 394.
Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, en banc.
The petition of appellee for rehearing en banc was granted, thereby vacating the panel opinion, and this case now has been reheard by the Court en banc. Judges John R. Gibson, Bowman, Wollman, Magill, and Beam vote to affirm the judgment of the District Court. Chief Judge Lay and Judges Henley, McMillian, Arnold, and Fagg vote to reverse that judgment. Accordingly, the judgment of the District Court is affirmed by an equally divided Court.
To continue reading
Request your trial-
In re Krautheimer
...270 (Bankr. E.D.N.Y.1990) (citing In re Ikner, 883 F.2d 986 (11th Cir.1989); In re Hartley, 869 F.2d 394 (8th Cir.), reh'g denied, 874 F.2d 1254 (1989); In re Bossard, 74 B.R. 730 (Bankr. N.D.N.Y.1987); In re DeRosa, 20 B.R. 307, 313 (Bankr.S.D.N.Y.1982); In re Pommerer, 10 B.R. 935, 940 (B......
-
In re Thompson
...did not "accidentally" fire the gun. See In re Hartley, 100 B.R. 477, 479 (W.D.Mo.1988), rev'd, 869 F.2d 394 (8th Cir.), vacated, 874 F.2d 1254 (8th Cir.1989). But if the offensive act is instead defined as shooting the plaintiff, then the debt is discharged because that act was not intenti......
-
In re Cohen
...Lee v. Ikner (In re Ikner), 883 F.2d 986 (11th Cir.1989); Hartley v. Jones (In re Hartley), 869 F.2d 394 (8th Cir.), aff'd, 874 F.2d 1254 (8th Cir.1989); Beneficial New York, Inc. v. Bossard (In re Bossard), 74 B.R. 730 (Bankr.N.D.N.Y. 1987); In re DeRosa, 20 B.R. at 313; Thorp Credit and T......
-
In re Brandl, Bankruptcy No. 3-94-771. Adv. No. 3-94-97.
...consequences are substantially certain to result from it. See also In re Hartley, 100 B.R. 477, 479 (W.D.Mo.1988), aff'd, 874 F.2d 1254 (8th Cir. 1989) (en banc) (applying RESTATEMENT test in detail).13 The difficulty of proving such a subjective state of mind may be overcome by adducing ev......