What Qualifies
Section 523(a)(6) excepts from discharge debts arising from willful and malicious injury by the debtor to another entity or to the property of another entity. Both elements -- willful AND malicious -- must be present.
Willful means the debtor intended the act itself. Malicious means the act was done without just cause or excuse. Mere negligence or recklessness is not enough.
Common Examples
Intentional assault or battery. Intentional destruction of property. Conversion (taking someone elses property). Intentional fraud (overlaps with 523(a)(2)). Deliberately setting fire to property. Intentional breach of fiduciary duty.
Post-BAPCPA Change
Before 2005, willful and malicious injury debts were dischargeable in Chapter 13 (part of the superdischarge). BAPCPA added 523(a)(6) to the list of Chapter 13 exceptions. Today, these debts survive both Chapter 7 and Chapter 13 discharge.
Learn about all exceptions
Nondischargeable Debts Guide