Petition to Prevent Discharge of Liability of Drunk Driver for Personal Injuries or Wrongful Death

UNITED STATES BANKRUPTCY COURT

In re DRUNK DRIVER                                   

            Debtor.                                                  Case No.
______________________                        Chapter 7

INJURED VICTIM,                                          Adversary Case No.

            Plaintiff,                                               

vs.

DRUNK DRIVER,                                        

            Defendant/debtor                                         

 COMPLAINT TO DETERMINE DISCHARGEABILITY

Plaintiff Victim Injured by Drunk Driver, by and through their attorney, files this Complaint to Determine Dischargeability.  In support thereof, Plaintiff alleges as follows:

1.       This is a core proceeding over which this Court has jurisdiction under 28 U.S.C. § 157(b).  Defendant is the Debtor herein.

2.         This is an adversary proceeding to determine the dischargeability of a debt.

3.     On (date of accident) (injured victim of drunk driving accident) suffered  personal injury in an  automobile accident caused by Debtor’s unlawful operation of a motor vehicle while Debtor was intoxicated as a result of consuming alcohol. 

4.         The debt owed from Defendant to Plaintiff arising from the personal injury of VICTIM caused by such unlawful operation of a motor vehicle while Debtor was intoxicated, in an amount to be proven at trial in Case Number ENTER UNDERLYING CASE #, currently stayed under 11 U.S.C. § 362 in the Circuit Court of St Louis County Missouri, is nondischargeable pursuant to 11 U.S.C. § 523(a)(9).

WHEREFORE, Plaintiff prays that the Court determine that the debt arising out of the litigation over the subject motor vehicle accident that resulted in serious personal injury is nondischargeable; that Plaintiff be permitted to continue prosecution of their claim against Defendant for the wrongful death and personal injuries sustained and be permitted to effect collection of any judgment or verdict arising out of such claim; and that Plaintiff be awarded such other relief as the Court deems just and proper.