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In re White

United States Bankruptcy Court for the Eastern District of Virginia

18 B.R. 246 (1982)

Relevant factsFree

Walter Calvin White, Jr. (defendant), armed with a gun in anticipation of running into William Tipton during an ongoing argument, drew the weapon when the confrontation resumed; Tipton fled on his motorcycle, and White fired at him but missed, instead striking Ralph Edward Davis (plaintiff) — a stranger to White, washing a car roughly 25 feet away — in the stomach. White later claimed the gun discharged accidentally, but he was convicted and sentenced to five years in prison for injuring Davis. After Davis won a $50,000 default judgment against White, White filed for bankruptcy, and Davis sought to have that debt declared nondischargeable.

IssueFree

Whether a debt resulting from an intentional wrongful act causing injury is dischargeable in bankruptcy where the person actually injured was not the person the debtor intended to harm.

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