Quinn

MEMORANDUM **

Carrie Quinn appeals the district court’s grant of summary judgment and conclusion that a debt owed to her by her former boss, William Parke Barry, arising out of a sexual harassment judgment she obtained against him, is dischargeable pursuant to 11 U.S.C. § 523 (a)(6). We reverse the grant of summary judgment and remand to the bankruptcy court to determine whether Barry’s conduct was willful.

Section 523(a)(6) of the Bankruptcy Code excepts from discharge any debt “for willful and malicious injury by the debtor to another entity or to the property of another entity.” The willfulness test is subjective: “[Section] 523(a)(6)’s willful injury requirement is met only when the debtor has a subjective motive to inflict injury or when the debtor believes that injury is substantially certain to result from his own conduct.” In re Su, 290 F.3d 11401142 (9th Cir.2002).

The bankruptcy court applied the collateral estoppel doctrine, and concluded that the jury had already determined that Barry’s conduct was willful. However, as Quinn conceded at oral argument, collateral estoppel does not apply because the jury in the sexual harassment case did not decide the question of…