Cases & Deals

Mentally retarded adult receives assistance to enforce unjust enrichment judgment after losing his home to caregiver

Clients Gary Shumaker

Before Jones Day's involvement, Gary Shumaker, a mentally retarded adult, obtained a $35,000 unjust enrichment judgment against friend and caregiver Tara Roe, after Roe convinced Shumaker to give her his house for nothing in return. Roe did not pay the judgment and subsequently filed for bankruptcy. Jones Day assisted Shumaker in a bankruptcy-court adversary proceeding claiming that Roe's judgment debt was not dischargeable in bankruptcy. On August 28, 2009, after a one-day trial in January 2009, the bankruptcy court found that Roe's conduct in convincing Shumaker to give her his house was willful and malicious and ruled that the debt was not dischargeable.

Shumaker v. Roe, Case No. 2:07-ap-2877, U.S. Bankruptcy Court for the Southern District of Ohio