Topic: bankruptcy courts have the discretion to decide an issue wi… · Go Syfert
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Topic #11998

5 canonical passages across 4 cases, quoted by 32 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Gordon v. Tese-Milner (In re Gordon).

#Case FlagCanonical passage Citers
1 Gordon v. Tese-Milner (In re Gordon) Anchor
nysd · 2017
green “bankruptcy courts have the discretion to decide an issue without holding an evidentiary hearing, and a district court can reverse such a decision only if it amounts to an abuse of discretion.” 10
2 In Re Reilly
bap2 · 2000
green “to be clearly erroneous, a decision must strike us as more than just maybe or probably wrong; it must . . . strike us as wrong with the force of a five- week-old, unrefrigerated dead fish.” 7
3 Holmes v. Portaluppi
ca2 · 2015
green “particular deference is given to a bankruptcy court's findings on credibility.” 6
4 In Re Reilly
bap2 · 2000
green “a de novo review allows us to decide the issue as if no decision had been previously rendered . . .. no deference is given to the bankruptcy court's decision.” 5
5 Bay Harbour Management, L.C. v. Lehman Bros. Holdings (In Re Lehman Bros. Holdings)
nysd · 2009
green “bankruptcy courts have the discretion to decide an issue without holding an evidentiary hearing, and a district court can reverse such a decision only if it amounts to an abuse of discretion.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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