How have the courts reviewed the credibility of witnesses in a bankruptcy proceeding?
MultiRegion, United States of America
The following excerpt is from Castillo v. Wells Fargo Bank, N.A., Case No.: 16-cv-00365-H-JMA (S.D. Cal. 2016):
"The bankruptcy court's witness credibility findings are entitled to special deference, and are also reviewed for clear error." In re Weinberg, 410 B.R. 19, 28 (B.A.P. 9th Cir. 2009). Under Federal Rule of Evidence 103, in order to preserve an objection for appeal, the objection must be timely. Failure to make an objection before the trial court constitutes a waiver. See Torres v. Johnson Lines, 932 F.2d 748, 752 (9th Cir. 1991).
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