The following excerpt is from Free v. Malaier (In re Free), 542 B.R. 492 (B.A.P. 9th Cir. 2015):
Eligibility determinations under 109 involve issues of statutory construction and conclusions of law, including interpretation of Bankruptcy Code provisions, which we review de novo. Smith v. Rojas (In re Smith), 435 B.R. 637, 642 (9th Cir. BAP 2010).
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