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

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-1877 · judgment May 30, 2018

Certiorari denied · November 5, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
Michael Robert Behan
Behan & Przybylo

For respondent
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Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 07 2019
    Rehearing DENIED.
  2. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 30 2018
    Petition for Rehearing filed.
  4. Nov 05 2018
    Petition DENIED.
  5. Oct 17 2018
    DISTRIBUTED for Conference of 11/2/2018.
  6. Aug 28 2018
    Petition for a writ of certiorari filed. (Response due October 4, 2018)