Thomas v. Ganzer (In Re Ganzer)

DENNIS D. O’BRIEN, Bankruptcy Judge.

I

These cases involve the same question. That is whether the 11 U.S.C. § 523(a)(9) exception to dischargeability requires a prepetition judgment or consent decree before it can be operable. The Court is of the opinion that it does not.

In Ganzer, the Debtor drove his car through the Plaintiffs drug store front at 12:30 a.m., one morning after leaving a bar. By his own admission, Ganzer had been “pretty loaded” before he got to the bar, consumed three strong beers while there, and left dragging his feet somewhat because of the alcohol he had consumed. Driving…