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Bmo harris bank failure | Documents: Opinion. The panel opined a bankruptcy trustee steps into the shoes of the debtor and is subject to any defenses that could be raised against the debtor, including the in pari delicto defense. BMO moved for summary judgment, arguing the doctrine of in pari delicto functions as an equitable defense that prevents a plaintiff from recovering damages if they were also at fault for the wrong. Newsletters Articles Podcasts. By Polo Rocha. All rights reserved. By Allissa Kline. |
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