- 11 U.S.C.
Jacoub, In re
Sep
30
2024
Ruling
Debt for personal injuries from debtor's unlawful operation of vehicle while intoxicated found nondischargeable based on witness testimony, technical evidence, and debtor's flight from scene. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Liability For Driving While Intoxicated.
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:
- 11 U.S.C.
Mitchell, In re
Mar
05
2019
Ruling
Court held that debtor did not have standing to challenge subpoena seeking informationrelevant to personal injury debt. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Liability For Driving While
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:
- 11 U.S.C.
Lopez-Santos v. Ayala Rodriguez (In re Ayala Rodriguez)
Jul
06
2015
Ruling
Debt for injuries caused by debtor's intoxicated operation of motor vehicle was nondischargeable.
Issue(s)
Were damages resulting from personal injuries suffered by creditors in an accident which resulted from the unlawful operation of a motor vehicle by debtor while intoxicated nondischargeable?
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:
- 11 U.S.C.
Cobb v. Clampitt (In re Clampitt)
Oct
15
2013
Ruling
Debt for wrongful death was dischargeable absent sufficient evidence under state law.
Issue(s)
Was debt resulting from wrongful death allegedly caused by debtor driving under the influence nondischargeable.
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:
- 11 U.S.C.
Bucher v. Hughes (In re Hughes)
Feb
26
2013
Ruling
Judgment for injury inflicted by debtor while operating vehicle under the influence of alcohol was nondischargeable.
Procedural posture
Creditor filed an adversary proceeding against debtor, seeking a determination that the debtor owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(9) because he injured the creditor while operating a motorcycle under the influence of alcohol. The creditor filed a motion for summary judgment.
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:
- 11 U.S.C.
Wroten v. Owen (In re Owen)
Sep
08
2011
Ruling
Debt for serious injuries incurred in boating accident caused by debtor was dischargeable absent objective evidence of intoxication.
Procedural posture
Plaintiffs filed a complaint against defendant debtor, seeking to except from discharge a debt pursuant to 11 U.S.C.S. § 523(a)(9).
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:
- 11 U.S.C.
Rosado v. Colon (In re Rosado)
Jul
15
2011
Ruling
Attempt to collect nondischargeable debt for personal injury caused by debtor's intoxicated operation of motor vehicle did not violate discharge injunction.
Procedural posture
Chapter 13 debtors filed a complaint against defendant creditors alleging that the creditors violated the discharge injunction in 11 U.S.C.S. § 524(a) and that they should be held in civil contempt for their reckless disregard of the court's discharge order. The creditors filed a motion for summary judgment, alleging that their claim was nondischargeable under 11 U.S.C.S. § 523(a)(9).
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- 11 U.S.C.
Birdsall v. Tulloch (In re Tulloch)
Aug
28
2007
Ruling
Damages for wrongful death due to debtor's operation of motor vehicle while intoxicated as determined by state court was nondischargeable.
Procedural posture
Plaintiff administrator sued defendant debtor to except from bankruptcy discharge a judgment debt arising out of the tragic 1998 death of the administrator's 20-year-old daughter. The exception-to-discharge allegations were grounded in 11 U.S.C. § 523(a)(6) (willful and malicious injury). The matter was pending decision.
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:
- 11 U.S.C.
Young v. Schumaker (In re Schumaker)
Jul
27
2007
Ruling
Claim resulting from debtor's intoxicated operation of horse and buggy was dischargeable as buggy was not a motor vehicle, vessel or aircraft.
Procedural posture
Plaintiff judgment creditors filed an action against defendant debtor seeking to have the obligations owed to them by the debtor declared non-dischargeable as a debt for a willful and malicious injury or as the result of the operation of a vehicle while intoxicated under 11 U.S.C. § 523(a)(6), (9). The debtor filed a motion to dismiss.
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:
- 11 U.S.C.
Micon Wayside Bar & Grille Inc. v. Delia (In re Delia)
Oct
03
2006
Ruling
Indemnification claim against debtor by bar held liable under dram shop act was nondischargeable.
Procedural posture
Plaintiff bar requested that a judgment against defendant debtor be determined non-dischargeable pursuant to 11 U.S.C. § 523(a)(9). The judgment against the debtor was the result of an indemnification claim by the bar under the Michigan Dram Shop Act.
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: