Tag Archives: Equitable Remedies

Bankruptcy Mischief: Fraudulent Concealment and Bad Faith Will Not Justify Disallowing Bankruptcy Code Exemptions

Did I say I didn’t have any assets, I meant they were exempt!”  Can a debtor lose the right to exempt property in a bankruptcy case if it is discovered that the debtor fraudulently failed to disclose assets or otherwise acted in bad faith?  Elliot Smith discusses the recent Sixth Circuit opinion in Ellmann v. … Continue Reading