Texas Wesleyan Law Review
The Collapse of the in Pari Delicto Defense to Bankruptcy Trustee Claims: How the Fifth Circuit Has Opened a New Door for Trustee Litigation
The following Article is organized in five parts: (1) part I places the in pari delicto issue in context by describing a hypothetical scenario in which in pari delicto typically arises; (2) part II describes the in pari delicto doctrine and its purposes; (3) part III summarizes the circuit court opinions applying in pari delicto to dismiss trustee claims; (4) part IV explains the Fifth Circuit's application of in pari delicto; and (5) part V argues that the Fifth Circuit application is most consistent with § 541's plain-language, Supreme Court precedent, and the purposes of the in pari delicto doctrine.
The Collapse of the in Pari Delicto Defense to Bankruptcy Trustee Claims: How the Fifth Circuit Has Opened a New Door for Trustee Litigation,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V17.I2.1