Legal Opinion
Searight v. Thomas (In Re Thomas)
United States Bankruptcy Court, E.D. Virginia
Decided August 1, 1985No. 18-14330PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM ORDER
HAL J. BONNEY, Jr., Bankruptcy Judge.
[In which we elaborate upon 11 U.S.C. 523(a)(9), there being an apparent Achilles’ heel therein. A swift drunken debtor may not defeat an injured creditor through a technicality.]
The plaintiff is the administrator of the estate of Barka B. Searight, who was killed in a collision with the debtor, Enis Thomas, Jr., and by this action seeks to have the debtor’s indebtedness for this tragedy declared nondischargeable in bankruptcy pursuant to 11 U.S.C. 523(a)(9), the drunk driver exception to discharge.
The defendant has moved to strike (sic…
2Cases cited5 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Braddy v. RandolphCourt of Appeals for the Fourth Circuit · 1965
- In Re ManeyUnited States Bankruptcy Court, W.D. Oklahoma · 1982
- William J. Brockington v. Vernon R. Scott, Trustee in Bankruptcy, in the Matter Of: Physicians and Dentists Investment Corporation, BankruptCourt of Appeals for the Fourth Circuit · 1967
3Cited by21 opinions
- In Re David Rock Hudson, Debtor. Gregory Stackhouse and Esther Stackhouse v. David Rock HudsonCourt of Appeals for the Ninth Circuit · 1988
- Matter of BeltUnited States Bankruptcy Court, N.D. Indiana · 1989
- Blackmer v. Richards (In Re Richards)United States Bankruptcy Court, N.D. New York · 1986
- Young v. Rose (In Re Rose)United States Bankruptcy Court, E.D. Michigan · 1988
- Stackhouse v. Hudson (In Re Hudson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
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