What is the test for interpretation of a statute or rule?
federal, United States of America
The following excerpt is from Berenice & Pierre Thoreau De La Salle v. U.S. Bank, N.A. (In re Berenice & Pierre Thoreau De La Salle), BAP No. EC-11-1258-JuKiD, Bk. No. 10-29678 (B.A.P. 9th Cir. 2011):
The proper interpretations of statutes and rules are legal questions that we review de novo. Heath v. Am. Express Travel Related Servs. Co. (In re Heath), 331 B.R. 424, 428 (9th Cir. BAP 2005). Whether compliance with a given statute or rule has been established is generally a question of fact, which we review for clear error. Id.
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