Grogan v. Garner
- Decided
- January 15, 1991
- Docket
- 89-1149
- Status
- Published
- Jurisdiction
- Federal
Cited 5,972 timesSuperseded by statute (not yet verified)Possible negative treatment: superseded by statute (not yet verified) · Mallinckrodt plc
What later courts said
- holding that "the standard of proof for the dischargeability exceptions in 11 U.S.C. S 523(a) is the ordinary preponderance-of-the-evidence standard" — In Re: Patricia A. Brightful (2001)
- holding that prior finding by preponderance standard cannot be given collateral estoppel effect in proceeding governed by clear and convincing standard — In Re Michaela C. (2002)
- holding that preponderance of the evidence is applicable standard for exceptions to discharge under section 523(a) — In Re Cellular Information Systems, Inc. (1994)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Stevens delivered the opinion of the Court.
Section 523(a) of the Bankruptcy Code provides that a discharge in bankruptcy shall not discharge an individual debtor from certain kinds of obligations, including those for money [*281] obtained by “actual fraud.” [1]
The question in this case is whether the statute requires a defrauded creditor to prove his claim by clear and convincing evidence in order to preserve it from discharge.
Statutes cited
- 11 U.S.C. § 35
- 31 U.S.C. § 3731
- 12 U.S.C. § 1833a
- 42 U.S.C. § 1320a-7a
- 11 U.S.C. § 727
- 11 U.S.C. § 523
Cite this
Grogan v. Garner, 498 U.S. 279 (1991)Read the full opinion
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