Eifler v. Wilson & Muir Bank & Trust Co.

(6th Cir. Dec. 8, 2014)

The Sixth Circuit affirms the district court, which affirmed the bankruptcy court’s decision to deny the individual debtor’s discharge under 11 U.S.C. §§ 727(a)(2)(A) and (a)(4). The court holds that the advice of counsel defense does not apply here because the debtor had not made full disclosure of all pertinent facts to his attorney. The debtor omitted numerous transfers and accounts from his schedules and had disposed of most of his assets prior to filing bankruptcy. The bankruptcy court’s factual finding of fraudulent intent was not clearly erroneous. Opinion below.

2014-12-08 – eifler v wilson and muir