Case Summary:
An insurance company sought a determination that the debt and accrued interest arising from a state court judgment related to the Debtor’s drunk driving conviction was nondischargeable under 11 U.S.C. § 523(a)(9). On summary judgment, the Court concluded there was no genuine dispute as to the relevant facts and that judgment was appropriate as a matter of law. The Court determined that both the state court judgment and post-judgment interest were nondischargeable. The Court specified, however, that the amounts were nondischargeable as to the Debtor alone and not to his co-debtor wife. In support of this finding, it noted that the adversary proceeding had been brought against only the Debtor, not his wife, and that in any event Wisconsin law protects the innocent spouse and her property from liability for her spouse’s torts.

Statute/Rule References:
11 U.S.C. § 523(a)(9) -- Nondischargeability - Drunk Driving
Wis. Stat. § 766.55(2) -- Marital Property

Key Terms:
Drunk Driving
Marital Property