Ice Miller partner Michael Ott will be participating in a panel discussion titled "A Re-Examination of In Pari Delicto – Does Daddy Need a New Pair of Shoes?" at the American College of Bankruptcy's 6th Circuit Educational Program in memory of former College Chair and President, Chris Meyer. Both CPE and CLE credit will be offered. 

Click here to view the full agenda.

Program Description:

“Re-Examining In Pari Delicto” explores whether the equitable defense that bars recovery by wrongdoers should apply to bankruptcy trustees pursuing claims on behalf of a debtor’s estate. The panel will review the historical and statutory basis for the trustee’s pursuit of claims under section 541 of the Bankruptcy Code; whether appellate decisions preempting the application of state law on the availability of the in pari delicto defense, and establishing instead a federal rule of decision, should be reconsidered; and recent high profile cases such as Kelly v. BMO Harris Bank. The panel will also examine potential workarounds and policy implications, including whether trustees may avoid the defense through pursuit of claims under section 544 or through assignment of claims from creditors. 

Moderator:

• Alan R. Lepene, Thompson Hine 

Speakers:

• Michael Ott, Ice Miller
• Ian Rubenstrunk, Spencer Fane LLP
• Prof. Ralph Brubaker, University of Illinois College of Law