No. 20-457

MarketGraphics Research Group, Inc. v. David Peter Berge

Lower Court: Sixth Circuit
Docketed: 2020-10-08
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: bankruptcy bankruptcy-discharge circuit-split debtor-liability discharge intent-standard objective-certainty statutory-interpretation subjective-intent willful-and-malicious-injury willful-injury
Key Terms:
Copyright
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the 'willful and malicious injury' exception applies only where a debtor has a subjective intent to injure or may also be satisfied by conduct that objectively has a substantial certainty of causing injury

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Bankruptcy Code exempts from discharge “any debts *** for willful and malicious injury by the debtor to another entity or to the property of another entity.” 11 U.S.C. §523(a)(6). In Kawaauhau v. Geiger, 523 U.S. 57 (1998), the Court held that this provision—commonly known as the “willful and malicious injury” exception—applies “only” to “acts done with the actual intent to cause injury.” Id. at 61. A “deep circuit split” has since emerged concerning the requirements necessary to fall within the statutory text. Pet. App. 10a. The questions presented are: 1. Whether the “willful and malicious injury” exception applies only where a debtor has a subjective intent to injure (as five circuits hold), or whether it may also be satisfied by conduct that objectively has a substantial certainty of causing injury (as three circuits hold)? 2. Whether the “willful and malicious injury” exception establishes a unitary standard requiring only “actual intent to cause injury” (as five circuits hold), or whether it establishes a two-pronged test requiring both “actual intent to cause injury” and conduct “in conscious disregard of one’s duties or without just cause or excuse” (as six circuits hold)? (i)

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-23
Reply of petitioner MarketGraphics Research Group, Inc. filed. (Distributed)
2020-12-09
Brief of respondent David Peter Berge in opposition filed.
2020-11-09
Brief amicus curiae of Commercial Law League of America filed.
2020-10-21
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2020.
2020-10-20
Motion to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
2020-10-05
Petition for a writ of certiorari filed. (Response due November 9, 2020)

Attorneys

Commercial Law League of America in Support of Petitioner
James William HaysHays Potter & Martin, LLP, Amicus
James William HaysHays Potter & Martin, LLP, Amicus
David Peter Berge
Brian Timothy BurgessGoodwin Procter LLP, Respondent
Brian Timothy BurgessGoodwin Procter LLP, Respondent
MarketGraphics Research Group, Inc.
Neal Kumar KatyalHogan Lovells US LLP, Petitioner
Neal Kumar KatyalHogan Lovells US LLP, Petitioner