Discharge in Bankruptcy. Rhonda Schroeder married Gennady Shvartsshteyn (Gene) in 1997. Gene worked at Royal Courier and Air Domestic Connect in Illinois, where Melissa Winyard also worked in 1999 and 2000. During this time, Gene and Winyard had an affair. A year after leaving Royal, Winyard fi led a petition in a federal bankruptcy court under Chapter 7 and was granted a discharge of her debts. Sometime later, in a letter to Schroeder who had learned of the affair, Winyard wrote, “I never intentionally wanted any of this to happen. I never wanted to disrupt your marriage.” Schroeder obtained a divorce and, in 2005, fi led a suit in an Illinois state court against Winyard, alleging

“alienation of affection.” Schroeder claimed that there had been “mutual love and affection” in her marriage until Winyard engaged in conduct intended to alienate her husband’s affection.

Schroeder charged that Winyard “caused him to have sexual intercourse with her,” resulting in “the destruction of the marital relationship.” Winyard fi led a motion for summary judgment on the ground that any liability on her part had been discharged in her bankruptcy. Is there an exception to discharge for “willful and malicious conduct”? If so, does Schroeder’s claim qualify?

Discuss. [Schroeder v. Winyard, 375 Ill.App.3d 358, 873 N.E.2d 35, 313 Ill.Dec. 740 (2 Dist. 2007)]