IN RE THE VILLAGE AT LAKERIDGE, LLC

Nos. 13-60038, 13-60039.

814 F.3d 993 (2016)

In re THE VILLAGE AT LAKERIDGE, LLC, fka Magnolia Village, LLC, Debtor, U.S. Bank N.A., Trustee, et al., by and through CWCapital Asset Management LLC, solely in its capacity as Special Servicer, Appellant, v. The Village at Lakeridge, LLC, Appellee, Robert Alan Rabkin, Real Party in Interest. In re the Village at Lakeridge, LLC, fka Magnolia Village, LLC, Debtor, U.S. Bank N.A., Trustee, et al., by and through CWCapital Asset Management LLC, solely in its capacity as Special Servicer, Appellant, v. The Village at Lakeridge, LLC, Appellee, Robert Alan Rabkin, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2016.


Attorney(s) appearing for the Case

Gregory A. Cross , Keith C. Owens (argued), Jennifer L. Nassiri (argued), Venable LLP, Los Angeles, CA, for Appellant.

Alan R. Smith (argued), Holly E. Estes , Law Offices of Alan R. Smith, Reno, NV, for Debtor/Appellee.

Opinion by Judge N.R. SMITH; Partial Concurrence and Partial Dissent by Judge CLIFTON.


OPINION

Before a bankruptcy court may confirm a reorganization plan in a Chapter 11 bankruptcy, it must determine if any of the persons voting to accept the plan are insiders.1 Insiders are either statutory or non-statutory. To be a "statutory insider," a creditor must fall...

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