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IN RE BELLAMY

Bankruptcy No. 12-10897 K. Adversary No. 12-1030 K.

484 B.R. 562 (2012)

In re Elnora BELLAMY, Debtor. Maguire Brothers, LLC d/b/a Enviro-Care Disaster Restoration Services, Plaintiff v. Elnora Bellamy, Defendant.

United States Bankruptcy Court, W.D. New York.

December 7, 2012.

Attorney(s) appearing for the Case

Christopher R. Poole, Esq., Rebecca E. Monte, Esq., Katy M. Hedges, Esq., Chelus, Herdzik, Speyer, Monte & Paja, Buffalo, NY, Attorneys for Plaintiff.

David P. Feldman, Esq., Phillip Dabney, Jr., Esq., Buffalo, NY, Attorneys for Defendant.

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

This is a Chapter 7 case. These are cross-motions for summary judgment in a dischargeability case under 11 U.S.C. § 523(a)(6) — "wilful and malicious injury" to the person or property of another.

The Debtor suffered massive fire damage to her home in 2009. She hired the Plaintiff for certain clean-up and remediation services. She received insurance proceeds of $129,708.42, but according...

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