1

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

(Richmond Division)

IN RE: )

) Cause No. 17-32341-KLP

MICHAEL JOSEF BASL, )

)

Debtor, )

)

)

WILLIAM ROBERT MORENO, )

)

and )

)

SHARON KAY MORENO, )

Plaintiffs, ) ADVERSARY PROCEEDING

)

v. ) No. 17-04495-KLP

)

MICHAEL JOSEF BASL, ) 

)

Defendant. )

)

PLAINTIFFS’ OBJECTIONS TO DEFENDANT, MICHAEL JOSEF BASL’S 

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

COME NOW Plaintiffs, WILLIAM ROBERT MORENO and SHARON KAY 

MORENO (collectively, “Morenos”), by counsel, pursuant to this Court’s order of 2/13/18, and 

file their objections to Basl’s proposed findings of fact and conclusions of law.

I. Findings of Fact

The Morenos object to Basl’s Proposed Statement of Facts, in toto, because the record 

does not support his self-serving post hoc rationalizations and half-truths (at best). The evidence 

submitted and received by the Court, consisting of the state court final judgment, makes clear 

that Basl acted with either the specific intent to place Moreno in reasonable fear of bodily injury 

Case 17-04495-KLP Doc 22 Filed 03/30/18 Entered 03/30/18 23:30:54 Desc Main

 Document Page 1 of 3
2

or death, or that Basl knew or should have known that his conduct would place Moreno in 

reasonable fear of those consequences. The reasonable fear was of an intentional—not a merely 

reckless or negligent—act directed against Moreno that could lead to his death or bodily injury.1 

Unlike defamation, which can occur through negligence or recklessness, a person cannot be held 

liable for stalking based merely on negligent or reckless conduct. It requires either conduct 

specifically directed at an individual with the intent to place that person in reasonable fear of 

death or bodily injury, or knowledge or imputed knowledge that his conduct would in fact place 

that individual in reasonable fear, thus satisfying the “substantial certainty of producing injury.” 

In re Kamps, 575 B.R. at 73. As explained in Morenos’ Proposed Findings of Fact and 

Conclusions of Law, the entry of a final judgment against Basl for stalking is itself sufficient to 

meet the “willful and malicious” standard of §523(a)(6). 

II. Conclusions of Law

Basl’s conclusions of law are based upon his representation of the jury instructions given 

to the jury that decided the state court case. There was no evidence submitted to support his 

claim that the instructions he cited were, in fact, the ones given by the trial court. For that 

reason, the Court should disregard Basl’s conclusions of law.

WHEREFORE, Plaintiffs, WILLIAM ROBERT MORENO and SHARON KAY 

MORENO, respectfully move this Honorable Court to disregard Basl’s statement of facts and 

conclusions of law, and to adopt, instead, Plaintiffs’ proposed findings of fact and conclusions of 

law, and to enter an order to the effect that $372,573.75, consisting of $100,000 in compensatory 

damages; $105,907.08 in attorney’s fees and costs, and $166,666.67 in punitive damages, 

awarded against Debtor and in favor of WILLIAM ROBERT MORENO, on his civil claim for 

stalking, awarded pursuant to the Loudoun County Circuit Court’s 10/27/16 final order, is non-

 

1 There is no evidence that Basl intended to sexually assault Moreno.

Case 17-04495-KLP Doc 22 Filed 03/30/18 Entered 03/30/18 23:30:54 Desc Main

 Document Page 2 of 3
3

dischargeable in bankruptcy, and for such other and further relief as this Court deems just and 

proper.

Respectfully submitted,

WILLIAM ROBERT MORENO

and

SHARON KAY MORENO,

By Counsel 

/s/ Phillip B. Leiser, Esq.

___________________________

The Leiser Law Firm

By: Phillip B. Leiser, Esq.

1750 Tysons Boulevard, Suite 1500

Tysons Corner, Virginia 22102

TEL: (703) 734-5000, ext. 701

FAX: (703) 734-6000

pbleiser@leiserlaw.com

VASB # 41032

Counsel for Plaintiffs William Robert Moreno and Sharon Kay Moreno

CERTIFICATE OF SERVICE

I hereby certify that on this 30th day of March 2018, this document was filed 

through the Electronic Case Filing system, and that copies will be sent 

electronically to the registered participants identified in the Notice of Electronic 

Filing, and a copy will be sent by first-class mail, postage pre-paid, on 31 March 

2018 to Michael Josef Basl, Defendant/Debtor, at:

8106 Strath Road

Henrico, Virginia 23231-7416

/s/ Phillip B. Leiser, Esq.

Case 17-04495-KLP Doc 22 Filed 03/30/18 Entered 03/30/18 23:30:54 Desc Main

 Document Page 3 of 3