Commercial Union Insurance v. Christianson (In Re Christianson)

ORDER

KAREN M. SEE, Bankruptcy Judge.

Plaintiffs’ Complaint to Determine Dis-chargeability of Debt was heard July 30, 1986. Commercial Union (hereinafter “CU”) seeks to bar discharge of its state court judgment under 11 U.S.C. § 523(a)(9), which excepts from discharge a judgment if liability resulted from debtor’s operation of a motor vehicle while legally intoxicated. Thus, the issues are whether debtor was legally intoxicated, and if so, whether intoxication was a factor in causing an accident.

Neither party presented witnesses although afforded the opportunity to do so. The following exhibits…