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Showing 2 posts from January 2015.

Sixth Circuit Rules that In Pari Delicto May Not Bar Trustee’s Conversion Claim

From Ponzi schemes to fraudulent transfers, many Chapter 7 bankruptcy cases involve allegations of wrongdoing. Bankruptcy trustees, who stand in the shoes of the bankrupt entity in asserting claims, often bring actions against third parties alleging participation in, and orchestration of, fraudulent schemes. Because the alleged wrongdoing many times involves actions or transactions in which the debtor took part, defendants in such lawsuits frequently raise a defense based on the doctrine of in pari delictoRead More ›

Categories: 6th Circuit Court of Appeals, Chapter 7, Western District of Michigan

Sixth Circuit Sorts Out Bankruptcy Slugfest Between Friends

It has often been said that you should never do business with friends or family. A bankruptcy court decision that was recently affirmed by the U.S. Court of Appeals for the Sixth Circuit is further evidence of this proposition.  Read More ›

Categories: 6th Circuit Court of Appeals, Chapter 11