What is the effect of a de novo review on a decision by a bankruptcy judge?
federal, United States of America
The following excerpt is from All. United Ins. Co. v. Krasnoff (In re Venegas), BAP No. CC-20-1077-GLS (B.A.P. 9th Cir. 2020):
Under de novo review, we look at the matter anew, giving no deference to the bankruptcy court's determinations. Barnes v. Belice (In re Belice), 461 B.R. 564, 572 (9th Cir. BAP 2011). A bankruptcy court abuses its discretion if it applies the wrong legal standard, or misapplies the correct legal standard, or if its factual findings are clearly erroneous.
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