Seventh Circuit Affirms Dismissal of Bankruptcy Trustee Claims Against Auditor Based on In Pari Delicto Doctrine

On July 7, 2015, the United States Court of Appeals for the Seventh Circuit issued a decision affirming the dismissal of a bankruptcy trustee’s Illinois law accounting malpractice claims against the investment funds’ pre-bankruptcy auditor on the grounds of in pari delicto. Peterson v. McGladrey LLP, No. 14-1986, 2015 WL 4092300 (7th Cir. July 7, 2015). This decision is significant in that it establishes the potential viability of the in pari delicto doctrine as a defense to claims of a bankrupt estate against its pre-bankruptcy advisors and auditors even in cases where the alleged failures of the defendant professionals go beyond merely failing to discover the wrongful acts of the debtor or its pre-bankruptcy management. Read more
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