In Re: William George Floyd, Also Known As Bill Floyd, Debtor.kimberly Dawn Baker, Plaintiff-appellee, v. William George Floyd, Also Known As Bill Floyd, Defendant-appellant, 51 F.3d 285 (10th Cir. 1995)

Defendant William George Floyd, the debtor, appeals from the decision of the district court that upholds the bankruptcy court's determination in this adversary proceeding that a personal injury judgment against defendant in favor of plaintiff Kimberly Dawn Baker is not a dischargeable debt. We have jurisdiction under 28 U.S.C. 158(d), and affirm.

This proceeding arises out of a traffic accident. Plaintiff obtained a judgment against defendant for her personal injuries. After defendant filed bankruptcy, plaintiff filed this adversary proceeding, asserting that his debt to her was not dischargeable because he was intoxicated at the time of the accident. See 11 U.S.C. 523(a) (9). The bankruptcy court heard evidence and decided that the preponderance of the evidence, see Grogan v. Garner, 498 U.S. 279, 291 (1991), showed that defendant was intoxicated at the time of the accident and, therefore, his debt to plaintiff was not dischargeable.

We review the bankruptcy court's findings of fact for clear error. Phillips v. White (In re White), 25 F.3d 931, 933 (10th Cir. 1994). Based upon our review of the briefs and the record on appeal, we find that the bankruptcy court's determination that defendant was intoxicated at the time of the accident is not clearly erroneous.

The judgment of the United States District Court for the Western District of Oklahoma is AFFIRMED.