Can a bankruptcy court admit expert testimony for abuse of discretion?
The following excerpt is from Rushmore Loan Mgmt. Servs. v. Moon (In re Moon), BAP No. NV-20-1057-BGTa, BAP No. NV-20-1070-BGTa (Cross-Appeals) (B.A.P. 9th Cir. 2021):
We review a bankruptcy court's decision to admit expert testimony for abuse of discretion. See Primiano v. Cook, 598 F.3d 558, 563 (9th Cir. 2010), as amended (Apr. 27, 2010).
A bankruptcy court abuses its discretion if it applies the wrong legal standard, or misapplies the correct legal standard, or makes factual findings that are illogical, implausible, or without support in inferences that may be drawn from the facts in the record. United States v. Hinkson, 585 F.3d 1247, 1261-62 (9th Cir. 2009) (en banc).
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