In re Thirtyacre

154 B.R. 497 (1993)

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In re Thirtyacre

United States Bankruptcy Court for the Central District of Illinois
154 B.R. 497 (1993)

Facts

Marvin Thirtyacre (defendant) filed for bankruptcy. Jody Thorp (plaintiff) filed an adversary action, requesting the court declare that Thirtyacre’s debt to her was nondischargeable as a willful and malicious injury under § 523(a)(6) of the Bankruptcy Code. Thorp had previously sued Thirtyacre for an assault he committed when he was a sheriff, and she obtained a $25,000 default judgment in that case. Thirtyacre claimed that he did not have a willful and malicious intent when he committed the assault, because he was on a prescription drug, Pamelor, and he had been drinking excessive alcohol. Thirtyacre requested that the court take judicial notice that the drug Pamelor can have adverse consequences if taken with excessive alcohol. To support his request, Thirtyacre submitted the manufacturer’s pamphlet for Pamelor.

Rule of Law

Issue

Holding and Reasoning (Altenberger, J.)

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