General Accident Insurance v. Cain (In Re Cain)

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Chief Judge.

Presently before the court is a Motion for Summary Judgment filed by the Defendant, Ricky Burdell Cain. Respondents are General Accident Insurance Company and Steven A. Brown, Plaintiffs. Plaintiffs filed a complaint alleging their claim of $25,414.21 is non-dischargeable pursuant to 11 U.S.C. § 523(a)(9). Defendant answered denying the non-dischargeability of the debt and asserting the affirmative defense that the complaint was untimely filed, which also is the basis of Defendant’s motion.

FACTS

On July 11,1986, Defendant’s automobile…