Nice Definition of “Clear Error” from the BAP

Sitting here on Saturday morning reading unpublished BAP decisions.  Great quote on what does clear error mean.

“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.” Papio Keno Club, Inc. v. City of Papillion (In re Papio Keno Club, Inc.), 262 F.3d 725, 729 (8th Cir. 2001) (quoting Parts & Elec. Motors, Inc. v. Sterling Elec., Inc., 866 F.2d 228, 233 (7th Cir. 1988)); see Anderson v. City of Bessemer City, 470 U.S. 564, 573 (1985) (A factual finding is clearly erroneous if, after examining the evidence, the reviewing court “is left with the definite and firm conviction that a mistake has been committed.”).  The bankruptcy court’s choice among multiple plausible views of the evidence cannot be clear error. United States v. Elliott, 322 F.3d 710, 714 (9th Cir. 2003).  (my emphasis added)

Diamond v. Mesisca Riley & Kretenberg, LLP (In re Castle Trading, Inc.)(unpublished) CC-16-1322-FTaKu, 2:13-bk-15021-BB (BAP May 31, 2017)

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