SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders”

Ultimately, <i>Village at Lakeridge</i> is noteworthy for what the Supreme Court did not decide. In granting <i>certiorari</i>, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.

11 minute readMay 01, 2018 at 12:03 AM
By
Daniel A. Lowenthal
J. Taylor Kirklin
SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders”

InU.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC, 200 L.Ed.2d 218 (U.S. 2018), 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

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