What is the standard of review for a bankruptcy judge to determine that a factual determination is clearly erroneous?

federal, United States of America

The following excerpt is from Le v. Huynh (In re Le), Adv. No. 2:11-ap-00727-MCW, BAP No. AZ-15-1364-JuFL (B.A.P. 9th Cir. 2016):

A court's factual determination is clearly erroneous if it is illogical, implausible, or without support in the record. United States v. Hinkson, 585 F.3d 1247, 1261-62 & n. 21 (9th Cir. 2009) (en banc) (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 577 (1985)) (explaining that the clearly erroneous standard of review is an element of the clarified abuse of discretion standard). On appeal, we give "due regard . . . to the opportunity of the bankruptcy court to judge the credibility of the witnesses." In re Thiara, 285 B.R. at 426. "This deference is also given to inferences drawn by the trial court." Id.

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