What is the current state of the law on the meaning of Section 350(b) of the Civil Code of Civil Procedure?
federal, United States of America
The following excerpt is from In re Menk, 241 BR 896 (B.A.P. 9th Cir. 1999):
However, I disagree with the majority's approach to 350(b) because it renders that section superfluous, see Kawaauhau v. Geiger, 523 U.S. 57, 62, 118 S.Ct. 974, 140 L.Ed.2d 90 (1998) (stating that "`we are hesitant to adopt an interpretation of a congressional enactment which renders superfluous another portion of that same law'") (citation omitted), but would leave resolution of this issue for another day because it is not necessary to reach our decision.
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