Therefore a creditor who does not file an adversary proceeding on a debt that is excepted from discharge by Section 523(a)(9) is not precluded from pursuing collection of the debt after the debtor receives a discharge.

But let’s change the circumstances of the accident and see what happens. Let’s say that you were not drunk when you were driving. It started to rain. Because your tires were balding, your car skidded on the freeway causing a chain collision. One of the cars involved was driven by Mitt Romney who loses both his legs. Now Mitt has to be pushed around in a wheelchair while he campaigns against Obama. So Mitt now sues you for $50 billion per leg for a grand total of $100 billion. Will your chapter 7 discharge the $100 billion claim of Mitt Romney against you? Yes, it will because the cause of the accident was negligence and you were not drunk.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years.  He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California.  He speaks Mandarin and Fujien and looks forward to discussing your case with you personally.  Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.