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§ 523(a)(9)

In re Jones

Aug
04
2006
Ruling
Damages for post-discharge personal injury action were not limited to insurance coverage provided plaintiff could not recover from debtor absent determination of nondischargeability.
Procedural posture

A third party filed a personal injury suit against a chapter 7 debtor in the Circuit Court of Loudoun County (Virginia). The state court asked the court to determine what effect the discharge injunction under 11 U.S.C. § 524(a) had on the personal injury suit. The court reopened the debtor's bankruptcy case and treated the request as a motion for clarification filed by the debtor. It held a hearing and thereafter issued an opinion.

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opinion summary, case decided on August 04, 2006 , LexisNexis #1106-028
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Simons v. Hart (In re Hart)

Aug
02
2006
Ruling
Debt resulting from intoxicated operation of motor vehicle was nondischargeable reagardless of degree of intoxication.
Procedural posture

Plaintiffs, an individual hurt in an automobile accident and his family, filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6) and (a)(9). The husband (debtor) had been involved in the automobile accident; he had been drinking.

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opinion summary, case decided on August 02, 2006 , LexisNexis #0906-060
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