Non-Dischargeability Regarding Drunk Driver
I represent a man injured by a drunk driver in a motor vehicle accident. I got a default judgment and the drunk filed bankruptcy to discharge the judgment. It is my understanding pursuant to 11 U.S.C.A. 1328 the debt is non-dischargeable. However, I have heard some discussion that there might be some way the debtor/tortfeasor can successfully discharge the debt owed to my client.
Answer: I think it is dischargeable. It wasn’t before the bankruptcy reform act but I think that changed the rule. See: In re Galvan, ___ (D.C.Colo. 1984): Debtor’s DUI was type of conduct so likely to cause injury as to be deemed intentional and non-dischargeable. Probably overruled. In re Compos, 768 F.2d 1155 (10th Cir. 1985): Debtor could discharge damages from DUI accident. Specific intent to injure (not to commit act) required under Bankruptcy Reform Act; §523(a)(6).
Posted on Mon, December 21, 2009
by Sharon Coleman