David P. Troup
Mr. Troup has more than four decades of courtroom experience trying contested matters in state and federal courts. He handles civil litigation (consumer, commercial, real estate), contested probate matters, and state court criminal defense matters. Additionally, he has handled several hundred divorce and contested custody cases, with particular experience in military cases. Mr. Troup regularly handles bankruptcy matters, primarily debtor Chapter 7 and 13 cases, with some creditor representation as well. Mr. Troup has extensive and varied appellate experience, having handled over 70 appeals in the Kansas Supreme Court and Kansas Court of Appeals, an appeal to the U.S. Bankruptcy Appellate Panel, as well as three successful appeals in the United States Court of Appeals for the 10th Circuit. Several of his appeals have involved novel questions of first impression.
Among significant appellate cases, most involving matters of first impression, handled by Mr. Troup are the following:
A case in which the Kansas Supreme Court, for the first time, allowed punitive damages in a case involving a landlord/tenant dispute;
A case in which the court of appeals determined that the statutory conversion penalty against fiduciaries was mandatory and not discretionary;
A case in which the Kansas Supreme Court held a city weapons’ ordinance was unconstitutional;
A case in which the Kansas Supreme Court reversed a conviction based upon erroneous admission of child hearsay;
A case in which the Kansas Supreme Court held that a trial court in a divorce action had no authority to award retroactive maintenance;
A case in which the Kansas Supreme Court determined that a paging company was not a utility for purposes of property taxation;
A case in which the Kansas Supreme Court determined the proper procedure to be followed for resolving disputes about mandatory negotiability of topics in professional negotiations between a school district and a teachers’ union;
A case in which the court of appeals determined that monthly maintenance to a former spouse would not be prorated to the date of the remarriage;
A case in which the Kansas Supreme Court determined that the statute granting a minor one-year after reaching majority to file a negligence action did not reduce the otherwise applicable two-year limitations period;
A case in which the U.S. Court of Appeals determined that a self-employed farmer or rancher whose gross income was negative could nevertheless have “earnings” for the purpose of receiving personal injury protection benefits under the Kansas No-Fault statute;
A case involving a dispute with the U.S.Department of Interior involving a riparian boundary dispute resulting from movement of a river over nearly a century in which the U.S. Court of Appeals awarded attorney’s fees against the federal government for taking a frivolous appeal;
A bankruptcy case in which the U.S. District Court determined that more than 50% of a service member’s military retirement pay could be awarded to the ex-spouse and, when so awarded, the ex-spouse’s property was not part of the bankruptcy estate of the retired service member;
A case in which the court of appeals reversed a district court finding that an absconding insurance agent’s E & O insurer was not liable for his failure to procure fire insurance and the court also ordered attorney’s fees to be paid by the insurer for bad faith; and
A worker’s compensation case establishing that work disability was to be based upon actual, not imputed, post-injury wages.
A case in which the U.S. Court of Appeals found a statute exempting in bankruptcy earned income tax credits to be constitutional.
A case in which the Kansas Supreme Court held that a will that was discovered four years after the decedent’s death could not be admitted to probate.
A case of first impression in which the court of appeals determined that the court in an intestate estate has the authority to order one claiming to be an heir to submit to DNA testing for comparison with the decedent’s DNA.
Mr. Troup was born in Kansas City, Kansas, and attended the University of Michigan where he graduated with a bachelor of arts in economics in 1969. While attending law school at the University of Kansas, Mr. Troup was a member of the Kansas Law Review editorial staff from 1974-76 and served as technical editor from 1975 until his graduation in 1976. A lieutenant in the U.S. Navy from 1969-73, Mr. Troup was a combat helicopter pilot in Vietnam from 1970-71.
U.S. Supreme Court
U.S. Court of Appeals 10th Circuit
U.S. District Court of Kansas
Kansas Supreme Court
American Bar Association
Kansas Bar Association
Geary County Bar Association
Riley County Bar Association
Member, Special Ad Hoc Committee of the Kansas Supreme
Court/Kansas Bar Association on Model Rules of Professional Conduct
Member, Kansas Bar Association Ethics Grievance Committee
Peer review rating, AV rating (highest awarded) by Martindale-Hubbell