Allstate Insurance v. Smith (In Re Smith)

MEMORANDUM OPINION

STEVEN W. RHODES, Bankruptcy Judge.

This matter is before the Court on cross-motions for summary judgment concerning the dischargeability of a debt under 11 U.S.C. § 523(a)(9). There is no genuine issue of material fact and the legal issue framed by the motions concerns the proper interpretation of that section.

The Court concludes that it is not appropriate to enter a summary judgment regarding the dischargeability of the debt in favor of either party at this time. Accordingly, both motions are denied. However, the Court concludes that the plaintiffs claim should be pursued…