What is the legal test for finding that a bankruptcy judge wrongfully found an attorney guilty of misconduct in a claim?
federal, United States of America
The following excerpt is from In re Taylor, 77 BR 237 (B.A.P. 9th Cir. 1987):
This Panel reviews the bankruptcy court's findings of fact under a "clearly erroneous" standard, while conclusions of law are reviewed de novo. Bankr.Rule 8013; Anderson v. City of Bessemer, 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). A bankruptcy court's decision to impose sanctions upon an attorney will be reversed only upon a showing of abuse of discretion. In re Chisum, 68 B.R. 471, 473 (9th Cir. BAP 1986).
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