Is a Bankruptcy Court’s Determination of Insider Status Reviewed Under the Rigorous De Novo Standard or the More Deferential Clear-Error Standard?

Henry C. Kevane

Henry Kevane published this review of the issues facing the Supreme Court in U.S. Bank v. The Village at Lakeridge, on appeal from the federal Ninth Circuit Court of Appeals. The issue presented by this appeal is whether the designation of nonstatutory insider status is reviewable as a factual finding, under the clear error standard, or as a matter of statutory interpretation, under the de novo standard.

Click below to read the review. Posted with permission from the ABA; all rights reserved.