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IN RE BROUILLET

Bankruptcy No. 89-41160-JFQ, Adv. No. 90-4020.

125 B.R. 341 (1991)

In re Daniel W. BROUILLET and Peggy Brouillet, Debtors. MERCHANTS NATIONAL BANK, Plaintiff, v. Daniel W. BROUILLET and Peggy Brouillet, Defendants.

United States Bankruptcy Court, D. Massachusetts.

February 22, 1991.

Attorney(s) appearing for the Case

Herbert Weinberg, Kaye, Fialkow, Richmond & Rothstein, Boston, Mass., for Merchants Nat. Bank, plaintiff.

Russell S. Chernin, Worcester, Mass., for debtors/defendants.

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

The Debtors, Daniel W. Brouillet and Peggy Brouillet, used proceeds of accounts receivable to pay business debts other than the debt due Merchants National Bank (the "Bank") which held a security interest in the proceeds. The Bank says that this was "willful and malicious injury . . . to . . . [its] property" within the meaning of 11 U.S.C. § 523(a)(6) (1988), so that its debt should not be discharged in these...

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