What is the test for an independent review of a decision by a federal bankruptcy judge?
MultiRegion, United States of America
The following excerpt is from Double Bogey, L.P. v. Enea, No. 13-15809 (9th Cir. 2015):
"Because we are in as good a position as the district court to review the findings of the bankruptcy court, we independently review the bankruptcy court's decision." Pizza of Hawaii, Inc. v. Sharkey's, Inc., 761 F.2d 1374, 1377 (9th Cir. 1985). Whether a relationship is a "fiduciary" one within the scope of 11 U.S.C. 523(a)(4) is a question of federal law that we review de novo. Ragsdale v. Haller, 780 F.2d 794, 795 (9th Cir. 1986).
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