Lockerby

DISCUSSION

1. Tortious Conduct Requirement

[1] Debtors who file for bankruptcy under Chapter 7 are normally entitled to discharge unsecured debts. Certain types of debt may not be discharged, including any debt “for willful and malicious injury by the debtor to another entity.” 11 U.S.C. § 523(a)(6).

[2] We begin from the proposition that tortious conduct is a required element for a finding of nondischargeability under § 523(a)(6). Jercich, 238 F.3d at 1205 (“[a]n intentional breach of contract is excepted from discharge under § 523(a)(6) only when it is accompanied by malicious and willful tortious conduct.”) (emphasis in Jercich). The Jercich court undertook a two-part inquiry to determine whether the breach of contract rendered the debt excepted from discharge, first examining whether the debtor’s conduct was “tortious,” and then asking whether the debtor’s conduct was both “will- ful” and “malicious.” See id. at 1206-09.

[3] Jercich holds that liability for a breach of contract need not be wholly independent from liability for the tort in order for the tortious conduct to give rise to nondischargeability under § 523(a)(6). Id. at 1206. Jercich rejects a definition of…