June 19, 2017
Background
Debtor:
- Worked for a Dealership and drove one of the dealership’s cars home without permission
- Felt her car was not safe to drive.
- Drove car back to work and was involved in a multi-vehicle accident; car was totaled.
- Pleaded guilty to unauthorized use of a vehicle and ordered to pay restitution.
- Filed for Chapter 7 Bankruptcy.
- Dealer filed adversary proceeding to state that the claim for restitution was not dischargeable.
Bankruptcy Court Ruling
- Debtor did not intentionally or deliberately cause any damages. Although involved in the accident, Debtor was not planning on or committed an intentional act.
- Court dismissed the Dealership’s complaint.
- Debt was dischargeable.
