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In Pari Delicto: Where’s The Love?

Law360 (November 15, 2007, 12:00 AM EST) -- Senator Jon Kyl (R-Az.) prepared a draft bill entitled the “Bankruptcy Reform Technical Amendments Act of 2005,” which would have eliminated the in pari delicto defense in response to any claims brought by a bankruptcy trustee on behalf of the estate.

The draft bill was never introduced, and it likely will not be resurrected. However, the draft bill indicates that there is some legislative hostility towards the in pari delicto doctrine. A number of commentators and certain courts have similarly expressed a dislike of the doctrine,...
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