Delph v. Dilk (In Re Dilk)

ORDER DENYING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CLAIM UNDER 11 U.S.C. § 523(a)(9)

JAMES K. COACHYS, Bankruptcy Judge.

This matter comes before the Court on Defendant Daniel A. Dilk’s Motion to Dismiss the “First Claim For Nondischarge-ability” alleged in Plaintiffs Randall D. and Rose A. Delph’s Adversary Complaint Objecting to Discharge of Debt. The Court conducted a hearing on December 15, 2003, and now issues the following Order. 1

Background

In their Complaint, the Delphs allege that, on July 14, 2001, Dilk piloted a motorboat into the boat occupied by Randall, causing multiple…