Sophos

Sophos v. Hibbs (In re Hibbs)

Good Law
161 B.R. 259·1993 Bankr. LEXIS 1707
United States Bankruptcy Court, Central District of CaliforniaOctober 26, 1993Bankruptcy No. LA 93-10829 KM; Adv. No. LA 93-02303 KMCalifornia6,300 words

Opinion

Lead Opinion

Kathleen, J.

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

This opinion rules on cross-motions for summary judgment. The cross-motions are *261 made in a nondischargeability adversary proceeding brought by plaintiff Demetrios James Sophos (Sophos) against joint debtors John William Hibbs (Mr. Hibbs) and Sandra Burris Hibbs (Mrs. Hibbs), who are husband and wife.

Plaintiff Sophos’ motion for summary judgment seeks to hold a federal judgment for intentional copyright infringement nondis-chargeable as to both Mr. and Mrs. Hibbs pursuant to 11 U.S.C. § 523 (a)(6). 1 Defendants Mr. and Mrs. Hibbs’ cross-move for summary judgment seeking to have the copyright infringement judgment held discharge-able as to each of them.

Both motions also ask the Court to rule whether Sophos can reach the postpetition community or separate property of Mrs. Hibbs, pursuant to 11 U.S.C. § 524 (a)(3) and (b)(1), 2 to satisfy a judgment of nondis-chargeability against Mr. Hibbs, should a judgment of nondischargeability be obtained against only Mr. Hibbs.

Part IV sets forth the Court’s ruling as to Mr. Hibbs. The Court grants plaintiffs motion for summary judgment against Mr. Hibbs and denies Mr.…

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