The following excerpt is from Fadel v. DCB United LLC (In re Fadel), 492 B.R. 1 (B.A.P. 9th Cir. 2013):
In determining whether the bankruptcy court abused its discretion, we first determine de novo whether the [bankruptcy] court identified the correct legal rule to apply to the relief requested. United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir.2009) (en banc). If the bankruptcy court identified the correct legal rule, we then determine whether its application of the correct legal standard [to the facts] was (1) illogical, (2) implausible, or (3) without support in inferences that may be drawn from the facts in the record. Id. (internal quotation marks omitted).
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