The following excerpt is from In re Mistura, Inc., 22 BR 60 (B.A.P. 9th Cir. 1982):
However, deference is not indicated unless the trial court has actually construed a statute. Rabon v. Guardsmark, Inc., 571 F.2d 1277, 1279 (4th Cir. 1978). As stated above, we have inferred the court's ruling from the record. There is no opinion analyzing the statute and clues are provided largely through colloquy with counsel when ruling on evidence and in limiting the trial issues. The court repeatedly emphasized that the single issue was "actual knowledge" or "actual notice" rather than "constructive notice." Although there was reference to the "New York case", presumably In re Davidoff, supra, the court did so in the context of actual as compared to constructive notice.
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