Case Summary:
Plaintiff insurance company's claim that $638.26 it paid for damages done to house of its insured by debtor driving while intoxicated should be nondischargeable is dismissed.  Debtor's actions did not constitute "willful and malicious" injury pursuant to 11 U.S.C. § 523(a)(6) because he did not intentionally or knowingly damage the insured's house.  Drunk driving is not per se "willful and malicious."  There may be fact situations involving drunk driving so egregious as to constitute "willful and malicious" injury, but this is not such a case.  Agreeing with Cooper v. Noller (In re Noller), 56 B.R. 36 (Bankr. E.D. Wis. 1985).

Plaintiff's claim for nondischargeability pursuant to 11 U.S.C. § 523(a)(7) is likewise dismissed.  First-time offense under Wis. Stat. § 346.63 (driving while intoxicated) is technically not a criminal act.  State court judgment cannot therefore be found to be "payable to or for the benefit of a government unit" as required by § 523(a)(7).

11 U.S.C. § 523(a)(9) is inapplicable because this case involved damage to property rather than to a person.

Statue/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
11 U.S.C. § 523(a)(7) -- Nondischargeability - Fines/Penalties/Forfeitures
11 U.S.C. § 523(a)(9) -- Nondischargeability - Drunk Driving

Key Terms:
Drunk Driving
Fines/Penalties/Forfeiture
Willful and Malicious