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In re White

United States Bankruptcy Court for the Eastern District of Virginia
18 B.R. 246 (1982)


Facts

On September 10, 1977, Walter Calvin White, Jr. (defendant) resumed an argument with William Tipton that had begun a week earlier. Knowing that he was likely to see Tipton, White was carrying a gun. The argument took place outside White’s home. When White pulled out his gun during the confrontation, Tipton jumped onto his motorcycle and sped off. White shot at Tipton but missed. The bullet struck Ralph Edward Davis (plaintiff) in the stomach. White and Davis did not know each other. Davis just happened to be outside, washing a car, about 25 feet away from Tipton when White fired his weapon. White later claimed that the gun had gone off by accident. In November 1978, he was tried and sentenced to five years in prison for injuring Davis. In February 1980, Davis obtained a $50,000 default judgment against White. White filed for bankruptcy. Davis then filed an action in the bankruptcy court to declare White’s debt to him nondischargeable.

Rule of Law

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Issue

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Holding and Reasoning (Shelley, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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