Trost v. Trost

Case Type:
Case Status:
17-1877 (6th Circuit, May 30,2018) Not Published
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Procedural context:
Appeal from Bankruptcy Appellate Panel's decision affirming Bankruptcy Court's grant of summary judgment in favor of plaintiff/appellee in non-dischargeability adversary proceeding.
Sherry Trost owned all of the assets, and had assumed all of the liabilities, of her deceased husband's television show, Michigan Outdoors. Sherry entered into an agreement with her son Zachary to purchase the assets in exchange for Zachary paying off the assumed debt. Sherry transferred the assets to Zachary, but he never paid off the debts. Sherry sued Zachary in federal district court and, as relevant to this appeal, ultimately obtained a judgment for conversion under Michigan law. Zachary filed a chapter 7 bankruptcy petition and Sherry filed an adversary proceeding seeking a finding that the conversion judgment arose from a williful and malicious injury and was non-dischargeable.
Moore, Cook, and McKeague

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

3615 in the system

3500 Summarized

0 Being Processed