What is the test for discharging a debtor from bankruptcy?
MultiRegion, United States of America
The following excerpt is from Cox, In re, 904 F.2d 1399 (9th Cir. 1990):
In the context of discharges we have applied a more deferential standard. "Because the right to a discharge is a matter generally left to the sound discretion of the bankruptcy judge, we disturb this determination only if we find a gross abuse of discretion." Shaver v. Shaver, 736 F.2d 1314, 1316 (9th Cir.1984) (emphasis added) (citing Stout v. Prussel, 691 F.2d 859, 861 (9th Cir.1982)). Our cases have not defined what is a "gross abuse of discretion." 1
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