Supreme Court of the United States
U. S. Bank N. A. v. Village at Lakeridge, LLC
March 5, 2018583 U.S. 387
Summary
The Supreme Court affirmed the Ninth Circuit, holding that appellate review of a bankruptcy court’s determination of non‑statutory insider status—specifically whether a transaction was arm’s length—is a mixed question of law and fact that warrants clear‑error review. The Court declined to address the underlying test for insider status itself.
Holding
- Whether appellate review of a bankruptcy court’s determination that a creditor is not a non‑statutory insider because the transaction was conducted at arm’s length should be de novo or clear error.. A clear‑error standard applies to appellate review of the bankruptcy court’s determination of non‑statutory insider status when the inquiry is primarily factual, such as whether the transaction was arm’s length.
Docket 15-1509
Cited authorities
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