Illinois Marine Towing, Inc. v. Barnick (In Re Barnick)

OPINION

THOMAS L. PERKINS, Chief Judge.

The complaints at issue in each of the above-captioned adversary proceedings contain an allegation that a claim resulting from the Defendant’s operation of a motorboat while intoxicated is excepted from discharge under Section 523(a)(9) of the Bankruptcy Code. In each proceeding, the Defendant, Casey A. Barnick (DEBTOR), moved to dismiss those counts as failing to state a claim upon which relief can be granted. At issue is whether the scope of the pre-BAPCPA version of Section 523(a)(9), targeting drunk drivers, is broad enough to ensnare drunk boaters.

BAC…