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The Bankruptcy Strategist Features Article by Daniel A. Lowenthal & Taylor Kirklin

This week Dan Lowenthal and Taylor Kirklin published an article in The Bankruptcy Strategist: “SCOTUS Recap: What Lies Ahead for the Lower Courts’ Tests for ‘Non-Statutory Insiders.’”  The article examines the Supreme Court’s recent opinion in U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, 200 L.Ed.2d 218 (U.S. 2018), in which the Court clarified the standard of review for appellate courts to apply when reviewing a bankruptcy court’s findings of fact and conclusions of law.  The article proposes a solution to a question that the Court’s majority opinion left unanswered: the appropriate test for determining whether an individual is a “non-statutory insider” under the Bankruptcy Code.

To read the full article, click here.