According to Section 523(a)(9) of the Bankruptcy Code, debts related to death or personal injury caused by a debtor's drunk driving cannot be discharged in bankruptcy. This provision of the bankruptcy code does not specifically address property damage caused by a debtor's drunk driving. Therefore, property damage caused by the debtor's drunk driving can typically be discharged in bankruptcy.
One caveat to this rule, however, is property damage caused by the debtor's willful or malicious acts while drunk driving. In such an instance, the provisions of Section 523(a)(6) become applicable, which prohibit the discharge of debts "for willful and malicious injury by the debtor to another entity or to the property of another entity." Showing the proof necessary to prevent discharge for willful or malicious acts is much more difficult, however, because such property damage debts are generally held to be incapable of discharge under Section 523(a)(6).
The inability to discharge death and personal injury related drunk driving debts under Section 523(a)(9) applies to all forms of bankruptcy and therefore cannot be discharged under a Chapter 13 "super discharge." A creditor need not file an objection, complaint or appear in the bankruptcy proceedings to prove that such debts cannot be discharged. In fact, the creditor may seek to prove this fact in a court other than bankruptcy court and may pursue any and all normal collection practices following bankruptcy proceedings initiated by the debtor.
There is no requirement that the creditor of such a debt obtain a judgment defining the value of the debt, in order to make the claim incapable of discharge. In fact, there is no requirement that the debtor have even been convicted of a DUI offense for such a claim to survive a bankruptcy proceeding. Rather, the creditor must show only that the debtor was intoxicated under state law, that the debtor operated a motor vehicle while intoxicated, and that the claim for personal injury or death is a result of the operation of that motor vehicle, all by a preponderance of evidence standard. The creditor need not prove that the intoxication, in fact, caused the injury or death sought.
This exception to the general rule of discharge of debts in bankruptcy is due to Congress's wish to take a strong stance in opposition to DUI-related injuries. It is for this reason that the Bankruptcy Code, although generally favoring debtors, starkly opposes that general position in this particular provision.
Roger Priest, Attorney at Law is a Portland Oregon Bankruptcy Attorney who represents Oregon clients in both Chapter 7 and Chapter 13 bankruptcy. This article is not designed to be particularized legal advice for every situation and does not create an attorney-client relationship with Roger Priest. Therefore, call Roger Priest at (503) 222-7792 for help with your particular case.
ليست هناك تعليقات:
إرسال تعليق