What is the test for determining whether a bankruptcy judge identified the correct legal rule to apply to a plaintiff?
federal, United States of America
The following excerpt is from Barton Props., Inc. v. Blaskey (In re Blaskey), Adv. Pro. 8:11-ap-01462-ES, BAP No. CC-15-1348-FDKu (B.A.P. 9th Cir. 2016):
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, we consider 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, 1262-63 & n.21 (9th Cir. 2009) (en banc).
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