[CLBS] dischargeability question

[James Macdonald]

Without doing any research and never having litigated this issue, I would say dischargeable.  I think 523(a)(9) is intended for the victim of the tort, not the hospitals. 

Regards, 

James S. Macdonald

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
PO Box 1049
Lake Plaza Building - 123 South Third Avenue, Suite 24
Sandpoint, ID  83864
208.263.8517
208.263.0759 (Fax)

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of David Brown
Sent: Friday, March 20, 2015 2:07 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] dischargeability question

Listmates, your input would be appreciated. I have a potential client who was in an automobile accident where alcohol was involved-he had been drinking and pled guilty to a Reckless driving charge.

I know that if there was a third party injured, that debt would not be discharged in bankruptcy. However in this case it was a single auto accident, my potential client sustained substantial injury. As a result he has massive medical bills and that is the reason he would like to file. Are the medical bills dischargeable or does it fall under the same rule that debts are not dischargeable that resulted as a result of the alcohol.

Thank you,
Dave Brown
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