Consumer Bankruptcy Fraud and the Reliance on Advice of Counsel Argument

Authors

Gregory E. Maggs, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

1995

Status

Accepted

Abstract

Despite considerable litigation on the subject, there is little agreement as to whether courts must accept a "reliance argument" in bankruptcy fraud cases. This Article seeks to clarify the existing law and recommend changes to the governing statutes. The first three Parts of the Article serve a descriptive function. Part I provides an overview of consumer bankruptcy fraud and describes how debtors perpetrate fraud and how attorneys may be assisting them. It also explains how the Bankruptcy Code and the Federal Criminal Code currently seek to deter fraud and to punish debtors who commit it.

GW Paper Series

GWU Law School Public Law Research Paper No. 2017-33; GWU Legal Studies Research Paper No. 2017-33

SSRN Link

http://ssrn.com/abstract=2955797

Recommended Citation

Maggs, Gregory E., Consumer Bankruptcy Fraud and the Reliance on Advice of Counsel Argument (1995). Gregory E. Maggs, Consumer Bankruptcy Fraud and the Reliance on Advice of Counsel Argument, 69 Am. Bankr. L.J. 1 (1995); GWU Law School Public Law Research Paper No. 2017-33; GWU Legal Studies Research Paper No. 2017-33. Available at SSRN: http://ssrn.com/abstract=2955797