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IN RE HOLLOWAY.

Debts Not Affected by Discharge — Willful and Malicious Injuries — Driving While Intoxicated

KELLY, Bankruptcy Judge

Since a bankrupt's intoxication was the cause of an accident, the resulting damages created a nondischargeable debt under Section 17a(8) of the Bankruptcy Act as liabilities for the willful and malicious injuries to property. The bankrupt contended that he was not intoxicated and that another car forced him to hit two parked cars. However, the testimony of at least two witnesses who had no connection with the case indicated that there was no other car and that the bankrupt appeared unsteady after the accident (this unsteadiness may be attributed to injuries suffered in the accident). Testimony did indicate that the bankrupt had something to drink before the accident. Thus, it appeared the bankrupt had been drinking, he appeared intoxicated after the accident, he was driving too fast and he hit the parked cars without any sufficient cause outside himself. From this it can reasonably be inferred that the bankrupt's intoxication was the cause of the accident. Consequently, the resulting debt for damage to the two parked vehicles represents a debt arising from willful and malicious damage to property of another. Thus, the debt is non-dischargeable under Section 17a(8) of the Bankruptcy Act. See Sec. 17a(8) [§ 523(a)(6)] at ¶ 9232.

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IN RE HOLLOWAY, (E.D.Tenn. 1979)
(Jan 3, 1979)