Is a bankruptcy judge required to uphold fact findings?
federal, United States of America
The following excerpt is from Franklin High Yield Tax–Free Income Fund v. City of Stockton (In re City of Stockton), 542 B.R. 261 (B.A.P. 9th Cir. 2015):
We must affirm the bankruptcy court's fact findings unless we determine that those findings are "(1) illogical, (2) implausible, or (3) without support in inferences that may be drawn from the facts in the record. " United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir.2009) (en banc).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a bankruptcy judge required to affirm the factual findings of the bankruptcy court? (federal, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a judge reverse a finding made by the successful litigant after the trial judge had heard the finding? (MultiRegion, United States of America)
How have the courts interpreted the findings of a bankruptcy court's findings of fact and conclusions of law de novo? (MultiRegion, United States of America)
What is the test for upholding a finding of fact by an Immigration Judge in a deportation proceeding? (MultiRegion, United States of America)
What are the requirements for a judge to issue a finding and recommendation in a civil case? (MultiRegion, United States of America)
What are the findings of the trial judge's findings of fact and law in a motor vehicle accident case? (Canada (Federal), Canada)
What is the test for a federal district court to review a final judgment of a bankruptcy judge's findings? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
When will a judge reassign a defendant to a different judge after a finding that his guilty plea was not voluntary? (MultiRegion, United States of America)
