Can a bankruptcy court abuse its discretion when it applies an incorrect legal standard or factual findings?
federal, United States of America
The following excerpt is from Harms v. Bank of N.Y. Mellon (In re Harms), 603 B.R. 19 (B.A.P. 9th Cir. 2019):
A bankruptcy court abuses its discretion if it applies an incorrect legal standard or if its factual findings are illogical, implausible or not supported by the record. United States v. Hinkson , 585 F.3d 1247, 1261-62 (9th Cir. 2009) (en banc).
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