What is the test for abuse of a motion to amend or alter a judgment under Civil Rule 59?

federal, United States of America

The following excerpt is from Seymour v. Greer (In re Seymour), BAP No. EC-17-1075-KuFS, BAP No. EC-17-1106-KuFS consolidated (B.A.P. 9th Cir. 2017):

We review the bankruptcy court's dismissal of a chapter 13 bankruptcy case under any of the enumerated paragraphs of 1307(c) for abuse of discretion. Ellsworth v. Lifescape Med. Assocs., P.C. (In re Ellsworth), 455 B.R. 904, 914 (9th Cir. BAP 2011).

Denial of a motion to amend or alter a judgment under Civil Rule 59(e) is reviewed for an abuse of discretion. Dixon v.

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Wallowa Cty., 336 F.3d 1013, 1022 (9th Cir. 2003).

To determine whether the bankruptcy court abused its discretion, we conduct a two-step inquiry: (1) we review de novo whether the bankruptcy court "identified the correct legal rule to apply to the relief requested" and (2) if it did, whether the bankruptcy court's application of the legal standard was illogical, implausible or "without support in inferences that may be drawn from the facts in the record." United States v. Hinkson, 585 F.3d 1247, 1261-62 (9th Cir. 2009) (en banc).

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