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Robert G. Hillsman v. Mark J. Escoto

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-60030 · judgment February 27, 2018

Certiorari denied · October 9, 2018

Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

I. Did the Ninth Circuit err in holding, contrary to decisions of its sister circuits, that 11 U.S.C. Section 523(a)(2)(A) requires that, in order to prevail on an objection to discharge where the debtor obtained an extension of an existing debt via fraud, the plaintiff must not only demonstrate the statutory elements of that section, but additionally demonstrate that the debt would have been collectible but for the fraud?

Counsel of record

For petitioner
Candace C. Carlyon
Clark Hill, PLLC

For respondent
Kirk B. Lenhard
Brownstein Hyatt Farber Schreck, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

Oct 09 2018
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
Sep 19 2018
DISTRIBUTED for Conference of 10/5/2018.
Aug 30 2018
Brief of respondent Mark J. Escoto in opposition filed.
Jul 31 2018
Response Requested. (Due August 30, 2018)
Jul 18 2018
DISTRIBUTED for Conference of 9/24/2018.
May 25 2018
Petition for a writ of certiorari filed. (Response due July 2, 2018)