What is the abuse of abuse of the abuse test?
federal, United States of America
The following excerpt is from In re Edwards, 11 Cal. Daily Op. Serv. 9500, 2011 Daily Journal D.A.R. 11323, 454 B.R. 100, 66 Collier Bankr.Cas.2d 400 (B.A.P. 9th Cir. 2011):
The abuse of discretion test involves two distinct determinations: first, whether the court applied the correct legal standard; and second, whether the factual findings supporting the legal analysis were clearly erroneous. United States v. Hinkson, 585 F.3d 1247, 126163 (9th Cir.2009) (en banc).
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