In re Dean Maynard Boland

Summary

The Sixth Circuit held that a $300,000 judgment against Dean Maynard Boland under 18 U.S.C. § 2255 was not dischargeable in bankruptcy because Boland willfully and maliciously injured the plaintiffs. The court found clearly erroneous the bankruptcy court’s findings that Boland did not use the images in later court proceedings and did not know they depicted real minors. The court reversed and remanded with instructions to enter judgment for the plaintiffs.

Holdings

1. A judgment under 18 U.S.C. § 2255 is excepted from discharge when the debtor knowingly creates and displays morphed child pornography depicting real minors, because the law presumes injury from that conduct and the debtor is substantially certain that injury will result.
2. The bankruptcy court clearly erred in finding that Boland did not use the images in Ohio proceedings and did not know that the images depicted real minors.
3. Section 523(a)(6) does not require that the debtor consciously desire to harm the creditor; substantial certainty that injury will result is sufficient.

Questions Presented

1. Whether Doe and Roe's civil judgment under 18 U.S.C. § 2255 resulted from a willful and malicious injury within the meaning of 11 U.S.C. § 523(a)(6).
2. Whether the bankruptcy court clearly erred in finding that Boland did not use the morphed images in Ohio court proceedings and did not know that the images depicted real minors.
3. Whether § 523(a)(6) requires a debtor to subjectively desire to injure the creditor, or instead is satisfied when the debtor is substantially certain that injury will result.

Disposition

reversed_and_remanded