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IN RE ALLAVENA

Bankruptcy No. 81-02165G, Adv. No. 81-1150G.

31 B.R. 73 (1983)

In re Theodore H. ALLAVENA, d/b/a Tow-A-Way Towing & Wrecking Service, Debtor. MILEASING COMPANY, Plaintiff, v. Theodore H. ALLAVENA, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 27, 1983.

Attorney(s) appearing for the Case

William M. Shields, Monteverde, Hemphill, Maschmeyer & Obert, Philadelphia, Pa., for plaintiff, Mileasing Co.

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for debtor/defendant, Theodore H. Allavena d/b/a Tow-A-Way Towing & Wrecking Service.

Jonathan H. Ganz, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether a debt owed by a debtor to a creditor is nondischargeable pursuant to section 523(a)(6) of the Bankruptcy Code ("Code") because it arose from a "willful and malicious" injury by the debtor to the creditor's property. We conclude that the debt in the case before us is nondischargeable because the debtor sold the creditor's property without authorization and retained a substantial...

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