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
Key Terms:
Securities Immigration
Latest Conference: 2019-01-04 (distributed 2 times)
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?

Question Presented (OCR Extract)

QUESTION PRESENTED 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 evidence that 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 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