Rule 6001. Burden of Proof As to Validity of Postpetition Transfer

By November 16, 2017FRBP

Any entity asserting the validity of a transfer under §549 of the Code shall have the burden of proof.

Notes of Advisory Committee on Rules—1983

This rule is derived from former Bankruptcy Rule 603. The Act contained, in §70d, a provision placing the burden of proof on the same person as did Rule 603. The Code does not contain any directive with respect to the burden of proof. This omission, in all probability, resulted from the intention to leave matters affecting evidence to these rules. See H. Rep. No. 95–595, 95th Cong. 1st Sess. (1977) 293.

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