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GROGAN v. GARNER

No. 89-1149.

498 U.S. 279 (1991)

GROGAN ET AL. v. GARNER

Supreme Court of the United States.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Michael J. Gallagher argued the cause for petitioners. With him on the briefs was J. Michael Dryton.

Deputy Solicitor General Roberts argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Starr, James R. Doty, Paul Gonson, Jacob H. Stillman, Richard A. Kirby, and Alfred J. T. Byrne.

Timothy K. McNamara argued the cause for respondent. With him on the brief were Jonathan R. Haden and Larry E. Sells.

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 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...

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