Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

U.S. Bank National Association v. Village at Lakeridge

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
15-1509 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether an assignee of an insider claim acquires the original claimant's insider status, such that his or her vote to confirm a cramdown plan cannot be counted under 11 U.S.C. § 1129(a)(10); (2) whether the appropriate standard of review for determining non-statutory insider status is the de novo standard of review applied by the U.S. Courts of Appeals for the 3rd, 7th and 10th Circuits, or the clearly erroneous standard of review adopted for the first time by the U.S. Court of Appeals for the 9th Circuit in this action; and (3) whether the proper test for determining non-statutory insider status requires bankruptcy courts to conduct an “arm's length” analysis as applied by the 3rd, 7th and 10th Circuits, or to apply a “functional equivalent” test which looks to factors comparable to those enumerated for statutory insider classifications as erroneously applied for the first time by the 9th Circuit in this action. CVSG: 2/13/2017.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 13 2016Petition for a writ of certiorari filed. (Response due July 15, 2016)
Jul 12 2016Order extending time to file response to petition to and including August 15, 2016, for all respondents.
Aug 15 2016Brief of respondent The Village at Lakeridge, LLC in opposition filed.
Aug 31 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 13 2017Brief amicus curiae of United States filed.
Feb 28 2017Reply of petitioners U.S. Bank National Association, Trustee, et al. filed.
Mar 1 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017DISTRIBUTED for Conference of March 24, 2017.
 
Share:
Term Snapshot
Awards