If you incurred debts because you injured or killed someone while driving under the influence of alcohol or drugs, those debts aren’t dischargeable in a bankruptcy.  This includes debts that you incurred while driving a snowmobile, vessel, aircraft, or motor vehicle.  You also can’t discharge debts for criminal restitution related to your DUI judgment.

In addition, if you damaged property while driving while intoxicated, and it is determined that you did it willfully and maliciously, then the creditor can ask the court not to discharge that debt.  This requires them to file an adversary proceeding, which is a lawsuit within your bankruptcy case.  If they don’t file an adversary proceeding, then the debt for property damage may be wiped out.

However, you may be able to litigate the dischargeability of the debt if you did not meet the legal standard for intoxication in the jurisdiction where the accident happened.

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