Haymond v. Grant (In re Grant)
APPEAL
Unpublished
See 309.pdf
A bankruptcy court judgment discharging a debt over creditors' objections was vacated, and the case was remanded for the bankruptcy court to reexamine its ruling in light of the U.S. Supreme Court's Grogan v. Garner, 498 U.S. 279 (1991) decision. Grogan held that the evidentiary standard of proof applicable to 11 U.S.C. § 523(a) discharge exceptions is an ordinary preponderance standard, rather than a clear and convincing standard. The district court found that the bankruptcy court had improperly placed the burden on plaintiffs to prove intent to deceive when, since plaintiffs had established a rebuttable presumption of such intent, it was debtor's burden to rebut it. The district court also concluded that the bankruptcy court had properly denied plaintiff's demand for a jury trial since, although the demand had been both timely and properly made, plaintiffs were not entitled to a jury trial on their dischargeability claim, as it is a claim in equity rather than law.