DR v. Andrea (In re Andrea)

Thomas M. Lynch, United States Bankruptcy Judge

Michael Draka was thrown from his motorcycle in a collision with Joshua Andrea on Route 25 one summer evening.1 Eventually, Mr. Draka obtained a $ 1 million default judgment in state court for his injuries. After Mr. Andrea filed for relief under Chapter 7 of the Bankruptcy Code, Mr. Draka commenced this adversary proceeding to seek a determination that the judgment is non-dischargeable under Section 523(a)(6) of the Bankruptcy Code.

Now before the court is the Plaintiff's motion for summary judgment. Mr. Draka asserts that the undisputed record…