What is the test for determining whether a debtor is liable for trespass during the pre-petition period?
federal, United States of America
The following excerpt is from De Jong v. Jle-04 Parker, LLC (In re De Jong), BAP No. AZ-16-1337-JuLB (B.A.P. 9th Cir. 2017):
The bankruptcy court's "computation of damages is a finding of fact we review for clear error." Simeonoff v. Hiner, 249 F.3d 883, 893 (9th Cir. 2001).
A. The bankruptcy court did not err by finding Debtors liable for trespass in the pre and postpetition periods.
Debtors argue that the bankruptcy court erred by finding them guilty of trespass on several grounds. First, they contend
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