CourtRule 8013. Disposition of Appeal; Weight Accorded Bankruptcy Judge’s Findings of Fact

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.)

Miscellaneous

Notes of Advisory Committee on Rules—1983

This 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 Amendment

The amendment to this rule conforms the appellate review standard to Rule 52 F.R.Civ.P., as amended in August 1985.