Huarte

MEMORANDUM *

Mariah Jean Huarte (“Huarte”) appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s judgment in favor of Dana Elmore Clark Jr. (“Clark”). The BAP and the bankruptcy court held that the record lacked evidence proving willful and malicious injury pursuant to 11 U.S.C. § 523 (a)(6) (2001), and therefore, the debt Clark owed to Huarte was discharged. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

The facts are well known to the parties and will not be repeated here.

1. Nondischargeability For Willful and Malicious Injury

Although we appreciate the excellent work of the BAP, we review independently the findings of the bankruptcy court. Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). We review findings of fact for clear error and conclusions of law de novo. Id.

The bankruptcy code excepts from discharge any debt “for willful and malicious injury by the debtor to another entity.” 11 U.S.C. § 523 (a)(6). The Supreme Court has interpreted “willful” to modify “injury.” Kawaauhau v. Geiger, 523 U.S. 57, 61 , 118 S.Ct. 974 , 140 L.Ed.2d 90 (1998). In order to deny a discharge under § 523(a)(6), the…