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Tuesday, November 10, 2026Nov 10

Toby McKenzie is gone, but bankruptcy suits continue

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photo Toby McKenzie

The day that one-time payday lending millionaire Toby McKenzie died, an appeals court judge 600 miles away had a simple question for attorneys enmeshed in the man’s protracted bankruptcy.

“This is just a curiosity question: Is this thing anywhere near being resolved or is it still a mess?” asked U.S. Circuit Judge David W. McKeague.

That’s the multimillion-dollar question.

At least three of the 18 cases connected to the bankruptcy also prompted biting comments from the three-judge panel at the 6th U.S. Court of Appeals in Cincinnati.

“I’m just trying to figure out what’s going on here; I’ve never seen this much abusive pleadings,” said McKeague, speaking to John Konvalinka of the firm Grant, Konvalinka and Harrison. “I’m not sure who’s at fault in all of this, but if this is the way that your law firm litigates, I’m just speaking for myself, I’m appalled.”