No. 18-271

Zachary N. Trost, et ux. v. Sherry Trost

Lower Court: Sixth Circuit
Docketed: 2018-09-04
Status: Denied
Type: Paid
Relisted (2)
Tags: bankruptcy bankruptcy-discharge burden-of-proof discharge intent intent-standard kawaauhau-v-geiger non-dischargeable-debt restatement-of-torts wrongful-act wrongful-conduct
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

I. For a debt arising out of unlawful conduct to be
considered non-dischargeable in bankruptcy
pursuant to Kawaauhau v. Geiger, 523 U.S. 57
(1998), what should constitute sufficient evidencethat a wrongdoer intended the consequences of the
wrongful act and not merely the wrongful act itself?

II. What party should bear the burden of proving that
a wrongdoer intended the 'the consequences of the
wrongful act' and not merely the wrongful act itself,for a debt associated with the wrongdoing to be nondischargeable in bankruptcy?

Question Presented (AI Summary)

What evidence is required to show that a wrongdoer intended the consequences of a wrongful act, rather than just the act itself, for a debt to be considered non-dischargeable in bankruptcy?

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
2018-11-05
Petition DENIED.
2018-10-17
DISTRIBUTED for Conference of 11/2/2018.
2018-08-28
Petition for a writ of certiorari filed. (Response due October 4, 2018)

Attorneys

Zachary N. Trost, et al.
Michael Robert BehanSchram, Behan & Behan, Petitioner