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
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