Bankr. No.:
05-40690
Adv. No.:
05-4068
Chapter:
7
Date of Decision:
December 6, 2005
Issue:
Whether Plaintiff was entitled to summary judgment on his complaint to determine the dischargeability of his claim pursuant to 11 U.S.C. ยง 523(a)(9)?
Ruling:
Plaintiff was entitled to summary judgment. Debtor admitted Plaintiff sustained serious personal injuries while a passenger in an automobile being driven by Debtor. Debtor also admitted she was cited for, was charged with, pled guilty to, was convicted of, and was sentenced for driving under the influence of intoxicants. Debtor failed to advance specific facts to create a genuine issue of material fact for trial. Plaintiff was entitled to judgment as a matter of law.
Full Bankruptcy Court Decision:
