Legal Opinion
Castiglia v. Morgan (In Re Morgan)
United States Bankruptcy Court, D. Nebraska
Decided July 28, 1982No. 19-40149PublishedCited by 29 opinions
1Opinion of the Court
MEMORANDUM
DAVID L. CRAWFORD, Bankruptcy Judge.
The issue in this case is whether the defendant who was operating a motor vehicle while intoxicated is entitled to a discharge of his resulting liability for damages as a result of the accident he caused.
Plaintiff contends that the indebtedness due him as the injured party is nondis-chargeable pursuant to 11 U.S.C. § 523(a)(6) which excepts from discharge any debt:
“... for willful and malicious injury by the debtor to another entity ...”
On September 19,1980, defendant operated his motor vehicle after consuming, by his admission, five or six beers.…
2Cases cited1 opinion
- Tinker v. ColwellSupreme Court of the United States · 1904
3Cited by29 opinions
- In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
- In Re Robert Stephen Adams, Debtor. Betty Hilda Ida Koepke Moraes v. Robert Stephen Adams, Robert Stephen AdamsCourt of Appeals for the Ninth Circuit · 1985
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- Stephen Michael Cassidy v. Thomas Francis MinihanCourt of Appeals for the Eighth Circuit · 1986
- Shaver Motors, Inc. v. Mills (In Re Mills)United States Bankruptcy Court, N.D. Indiana · 1988
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