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MarketGraphics Research Group Inc. v. Berge

Petition for certiorari denied on January 11, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-457 6th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the Bankruptcy Code’s “willful and malicious injury” exception — which exempts from discharge “any debts ... for willful and malicious injury by the debtor to another entity or to the property of another entity” — applies only when 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); and (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).

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