SCOTUS Recap: What Lies Ahead For the Lower Courts’ Tests for ‘Non-Statutory Insiders’May 2, 2018
In U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, 200 L.Ed.2d 218 (U.S. 2018) (http://bit.ly/2H7G5JU), the U.S. Supreme Court laid out the standard of review for appellate courts to apply when reviewing a bankruptcy court’s determination of a “mixed question” of law and fact. No doubt the decision provides valuable guidance for the lower courts and practitioners, but resolution of this technical procedural issue has garnered little excitement: as one commentator put it, the majority opinion authored by Justice Kagan represents “the smallest change in the law of any opinion the Supreme Court hand[ed] down this year.” Ronald Mann, Opinion Analysis: Justices Approve Deferential Review of Bankruptcy- Court Determinations on “Insider” Status, SCOTUSblog (Mar. 5, 2018, 4:34 PM), https://bit.ly/2IqGcAr.
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