Judicial Round-and-Round
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Case Law Updates
The Time Has Come to Reconsider Whether Trustees Are Subject to In Pari Delicto
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
Court:
A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.