Under Section 523(a)(9) of the Bankruptcy code, debts that arise for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug or another substance are not dischargeable.
This statute leads to several interesting questions:
Q: How do Courts determine intoxication (it’s possible to have a civil claim for damages where the debtor was not charged or was found innocent of driving under the influence?
A: The Bankruptcy Courts in Washington, D.C. and Maryland will use state law to determine what is unlawful (.08 in both Maryland and D.C.).
Q: Is property damage as a result of drunk driving dischargeable?
A: Yes, only personal injury and wrongful death claims are non-dischargeable under this statute. (But note, other statutes in the Bankruptcy Code may provide a way for a creditor to argue that a debt should be non-dischargeable).
Q: Are DUI debts imputed if the debtor was not driving the car but was responsible for the debtor (e.g. a debtor’s son)?
A: No, the Debtor is only on the hook for his own actions under Section 523(a)(9). The debt should be discharged.
Helping Maryland and Washington D.C. Consumers File Bankruptcy
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