How courts determine if the government is violating the Constitution.
The appeals court correctly chose to review the bankruptcy court determination for clear error instead of de novo review. The determination was primarily fact-based.
Shortly after Village at Lakeridge filed for bankruptcy, Dr. Rabkin bought a claim worth $2.76 million for $5,000. How strictly should the appellate court review the bankruptcy court decision that Rabkin was not a non-statutory insider?
Should the federal court review the one-sentence decision below, or look at the prior court’s decision to consider the court’s reasoning?
Concept explainer: What is a decision “on the merits”?
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