Opinion
No. 77-822EG
June 13, 1979
Discharge of Debts — Provability of Debts — Willful and Malicious Torts
An individual who had a claim based on tort in which no suit was instituted prior to the bankrupt had no standing, to file a complaint objecting to discharge, since his claim was not provable. See Sec. 17a(8) at ¶ 2152 and Sec. 523(a)(6) at ¶ 9232, and Sec. 63a at ¶ 2611 and Sec. 502(b) at ¶ 9006.
[Digest of Opinion]
The individual alleged that he was a creditor of the bankrupt as a result of having been maliciously, deliberately, and intentionally shot twice in the chest by the bankrupt. The alleged creditor filed a complaint seeking a determination of the dischargeability of his unliquidated tort claim.
The concept of provability of a claim in a bankruptcy case "is a special statutory concept, not synonymous or identical with any other." In Section 63a, Congress has listed only certain specified types of claims which may be eligible to share in the estate. Generally, the types selected are those "sufficiently definite as to liability and amount or capable of being made so shortly after the petition is filed." A claim such as the one in the instant case based on tort in which no suit has been instituted is not provable in the bankruptcy proceeding.