In Re White

18 B.R. 246 (1982)

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Nature of the Case

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Facts

D shot P in the stomach with a handgun. D was sentenced to serve five years. P obtained a default judgment against D in the amount of $50,000.00 in that D willfully and maliciously wounded P. D filed his petition in bankruptcy and P now asks this Court to declare D's debt on account of that judgment nondischargeable in bankruptcy. P and his brother were washing cars in front of their mother's house. At the same time, D, who lives less than one block away on the same street, was having a conversation with Tipton. D and Tipton continued an argument which had begun approximately one week earlier. D had obtained a gun in anticipation of seeking Tipton. D pulled his gun on Tipton. Tipton mounted his motorcycle and sped away. D shot at Tipton as Tipton passed within twenty-five feet of P. He missed Tipton, and the bullet hit P in the stomach. D clearly intended to shoot Tipton; however, he missed, and the bullet hit P instead.