Bankruptcy

8th Circuit: Failure to Stop Abuse is not a Willful Injury

By Bill McLeod, Esq.

This recent bankruptcy court decision is not an easy one to discuss, and I'll warn my readers up front, this may not be an easy read. The case posed this question: Can a mother who allowed her child to be abused to the point where it lead to his murder escape the penalties for his wrongful death in bankruptcy? I know what my heart said. I know what yours is probably thinking. And yet the US Court of Appeals for the 8th Circuit has said yes.

Denise was the mother of 3-year old Dillon and a 5-year old daughter. In March of 2001, she and Steven McBride began dating and soon thereafter, she, McBride and the kids moved into a two bedroom apartment. Denise worked at the same daycare center that both children attended, and Dillon also participated in speech therapy programs administered by the local school district.

At some point, McBride began physically abusing Dillon. Since Denise worked at a daycare center, she had received training in identifying and reporting child abuse. She knew that her boyfriend was physically abusing her son. Despite asking him to stop, the abuse persisted and she did nothing to stop it.

Full post as published by McLeod Law Offices on June 09, 2008 (boomark / email).