2012 US Code
Title 11 - Bankruptcy
Appendix (rules 1001 - 9037)
FEDERAL RULES OF BANKRUPTCY PROCEDURE (rules 1001 - 9037)
Part VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL (rules 8001 - 8020)
Rule 8013 - Disposition of Appeal; Weight Accorded Bankruptcy Judge's Findings of Fact
| Publication Title | United States Code, 2012 Edition, Title 11 - BANKRUPTCY |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 11 - BANKRUPTCY TITLE 11 - APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL Rule 8013 - Disposition of Appeal; Weight Accorded Bankruptcy Judge's Findings of Fact |
| Contains | rule 8013 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | As amended Mar. 30, 1987, eff. Aug. 1, 1987. |
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On an appeal the district court or bankruptcy appellate panel may affirm, modify, or reverse a bankruptcy judge's judgment, order, or decree or remand with instructions for further proceedings. Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
Notes of Advisory Committee on Rules—1983This rule accords to the findings of a bankruptcy judge the same weight given the findings of a district judge under Rule 52 F.R.Civ.P. See also Rules 7052(a) and 9014.
Notes of Advisory Committee on Rules—1987 AmendmentThe amendment to this rule conforms the appellate review standard to Rule 52 F.R.Civ.P., as amended in August 1985.
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