March 27, 2017

Daniel Geyser to Appear Before U.S. Supreme Court in Another Bankruptcy Case

The U.S. Supreme Court has agreed hear U.S. Bank NA v. The Village at Lakeridge LLC (No. 15-1509), a case that will dictate the standard of review for determining who is an “insider” under the Bankruptcy Code. The firm represents a corporate debtor who declared bankruptcy. Creditor U.S. Bank challenged the debtor’s proposed reorganization plan on the grounds that a creditor class voting for the plan was an “insider.” The bankruptcy court agreed, but the Ninth Circuit reversed. U.S. Bank sought further review on three separate issues, and the Supreme Court asked the United States government for its views on whether the Court should grant certiorari.

Although Stris & Maher persuaded the government to recommend against review, the Court granted review on a single question over the government’s “deny” recommendation. Daniel Geyser is leading the firm’s briefing and will argue the case before the Court this fall.

Related press coverage:
Supreme Court Takes Up Ch. 11 Nonstatutory Insider Dispute (Law360, March 27, 2017) (subscription required)

Our briefing:
Brief for Respondent (merits)