Study the following case carefully. Briefly state the principle of law and your
ID: 332576 • Letter: S
Question
Study the following case carefully. Briefly state the principle of law and your decision.
Jensen was involved in a motor vehicle accident with Boyer. Jensen brought suit against Boyer, alleging that her negligence caused the accident. Boyer then brought a countersuit against Jensen, claiming that it was actually Jensen's negligence that caused the accident. Jensen subsequently filed for bankruptcy protection. The bankruptcy court issued a discharge, and Jensen filed a motion to dismiss Boyer's lawsuit due to the bankruptcy discharge. Are lawsuit judgments discharged in a bankruptcy, and will Jensen be successful in having Boyer's claim against him discharged? [Boyer v. Jensen, California Court of Appeal, Docket No. B174899 (California)]
Explanation / Answer
As per existing law bankruptcy cannot dismiss a lawsuit that stems from an accident and that involves an accident in which a third party is either injured or killed while you are driving under the influence of alcohol.
The case does not provide any information on whether Jensen was driving under the influence of alcohol. It should be noted here that while bankruptcy will discharge most lawsuit judgments there are exceptions. These exceptions include death or injury caused by debtor’s drunk driving, debts acquired by fraud, misrepresentation, or false pretenses, certain taxes and student loans and finally cases of criminal penalties, fines and restitution.
Hence Jensen will be dismissed due to suit being discharged in bankruptcy and he will be successful in having Boyer's claim against him discharged.