As the application of the in pari delicto doctrine in bankruptcy cases becomes more expansive, controversy about the courts’ use of the doctrine continues to grow.  Among the critics are two of your TACR Board members.

 

For those who are familiar with the in pari delicto doctrine, it is a mechanism by which courts will decline to allow litigation between parties who are "at equal fault" (which is basically what the phrase means).  In its purest sense, the doctrine is easy to understand.