Tag Archives: good faith

Sixth Circuit Does Not (Yet) Adopt “Transparently Plain” Exception To Reliance-On-Counsel Defense In Bankruptcy

In In re Eifler, issued yesterday, the Sixth Circuit passed up an opportunity to join the First and Fifth Circuits in adopting a “transparently plain” exception to the reliance-on-counsel defense by which a bankrupt debtor can demonstrate a lack of fraudulent intent. To qualify for the defense, a debtor must demonstrate “(1) full disclosure of all … Continue Reading