Brown

FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER

In this adversary proceeding, after due notice, trial was held on December 2, 1996, on the Complaint to Determine Debt to be Nondisehargeable filed by Plaintiff, Ethan D. Brown (“Brown”) against Debtor/Defendant, Philip Simonis (“Simonis”), on May 6, 1996. The complaint alleges several grounds for non-dischargeability of Brown’s claims. At trial, however, Brown presented a case based solely on 11 U.S.C. § 523 (a)(6). Both parties appeared represented by counsel. The parties first argued their respective positions on Brown’s motion for summary judgement, dated November 11, 1997, and received by the Court on November 12,1997. At close of oral arguments the Court found that at least one outstanding issue of material fact remained — to wit, whether Simonis injured Brown without just cause or excuse — and denied the motion for summary judgment. Brown testified on his own behalf, and introduced the testimony of Simonis. Simonis testified in defense. Exhibits 1-8, 9A-9M, 10,12-17,18A-18B, 19, 20, and 22, as well as A, B and D, were admitted into evidence. At close of trial the Court granted the parties ten days to submit proposed findings…