Legal Opinion

Ammons v. Edwards (In Re Edwards)

United States Bankruptcy Court, E.D. Pennsylvania

Decided August 29, 1997No. 19-11224PublishedCited by 1 opinion

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

The instant proceeding presents one narrow question: is a debt which arose from property damage to the vehicle of DAVID R. AMMONS and DEBORAH AMMONS (“the Plaintiffs”) as a result of the drunk driving of Co-Debtor MICHAEL T. EDWARDS (“Michael”) nondischargeable? Since property damage claims have been expressly excluded from 11 U.S.C. § 523(a)(9) by a 1990 amendment of that Code section, the Plaintiffs are compelled to rely on 11 U.S.C. § 523(a)(6) as a basis for nondischargeability.

We find that the 1990 amendments undermine the reasoning of…

2Cases cited25 opinions

  1. In Re Keith WALKER, Debtor. Frank B. HOPE, Plaintiff-Appellant, v. Keith WALKER, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1995
  2. In Re Dominick P. CONTE, Debtor, Dominick P. CONTE, Appellant v. Urmila GAUTAM; Narinder Gautam; U.S. Trustee, TrusteeCourt of Appeals for the Third Circuit · 1994
  3. In Re Robert Stephen Adams, Debtor. Betty Hilda Ida Koepke Moraes v. Robert Stephen Adams, Robert Stephen AdamsCourt of Appeals for the Ninth Circuit · 1985
  4. Stephen Michael Cassidy v. Thomas Francis MinihanCourt of Appeals for the Eighth Circuit · 1986
  5. Lugo v. PaulsenCourt of Appeals for the Third Circuit · 1989

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3Cited by1 opinion

  1. Allen v. Greenwasser (In Re Greenwasser)United States Bankruptcy Court, S.D. Florida. · 2001

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