In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. Su

Dora Carrillo (“Carrillo”) filed an adversary complaint in Louis Su’s (“Su”) Chapter 7 bankruptcy case to determine the dischargeability of debt owed to her by Su. The bankruptcy court held that Su’s debt to Carrillo was nondischargeable. The Bankruptcy Appellate Panel (“BAP”) reversed, holding that the bankruptcy court erred by applying the incorrect legal standard. Carrillo appeals, arguing that the bankruptcy court correctly applied the law and that Su’s debt is nondischargeable. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm the BAP.

I. FACTUAL BACKGROUND

On August 21, 1997, shortly before 8 a.m., Carrillo was lawfully crossing a major downtown San Francisco intersection while walking to work. Su, who was driving a 14-passenger van, sped into the intersection against a red light, traveling 37 miles per hour in a 25-mile-per-hour zone, nearly five seconds after the light had turned red. He crashed into a car that was lawfully in the intersection and then careened into Carrillo, severely injuring her.

Carrillo subsequently sued Su in state court for compensatory and punitive damages, alleging that “[h]is conduct ... was wanton, willful and malicious,…