DENG v. HENTON
Filing
5
MEMORANDUM OPINION & ORDER that the ruling of the Bankruptcy Court that Joseph Saul Henton's debt to Deng Deng is dischargeable is affirmed.Signed by Judge J. Frederick Motz on 11/3/2014. (nk)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DENGDENG
v.
JOSEPH SAUL HENTON
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*
* Civil No. JFM-14-121
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*
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MEMORANDUM
Deng Deng has appealed from an order ofthe Bankruptcy Court finding that his claim
against the Debtor, Joseph Saul Henton, is dischargeable. The ruling of the Bankruptcy Court
will be affirmed.
Deng was injured by a pen knife used by Henton during the course of a melee. As found
by the Bankruptcy Court, Henton's use of the knife unquestionably was willful. The Bankruptcy
Court found, however, that in order not to be dischargeable, Deng's claim required Deng to
establish that the injury caused by Henton was also "malicious." Deng has not appealed from
that ruling.
Henton's justification for using the pen knife was that he was appropriately defending
himself when he became involved in the fight with Deng. In a twenty-one page opinion, the
Bankruptcy Court, after having heard the testimony ofDeng and Henton, determined that Henton
had met his burden of proving that his action was appropriately taken in self-defense. That
finding of fact, because it was based upon the Bankruptcy Court's judging of the credibility of
witnesses, cannot be set aside unless clearly erroneous. Fed. R. Bankr. P. 8013 (2013). After
reviewing the opinion of the Bankruptcy Court, which is extensive and balanced, this court is of
the view that the finding offact made by the Bankruptcy Court certainly should not be
disturbed.! Accordingly, the ruling of the Bankruptcy Court will be affinned.
Date: November 3, 2014
/s/ J. Frederick Motz
1. Frederick Motz
United States District Judge
Inexplicably, the opinion was not included in the record on appeal. However, this court has
obtained a copy of the opinion from the file in the Bankruptcy Court.
I
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYL VANIA
*
*
* Civil No. JFM-14-121
*
*
*******
DENGDENG
v.
JOSEPH SAUL HENTON
ORDER
For the reasons stated in the accompanying memorandum, it is, this 3rd day of November
2014
ORDERED that the ruling of the Bankruptcy Court that Joseph Saul Henton's debt to
Deng Deng is dischargeable is affirmed.
/s/ J. Frederick Motz
1. Frederick Motz
United States District Judge
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