Litton Loan Servicing, LP v. Garvida (In Re Garvida)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
KLEIN, Bankruptcy Judge.
The underlying question turns on who bears the burden of proof and the correlative risk of nonpersuasion regarding the amount owed on a disputed claim in a bankruptcy case. The answer is that the substantive burden of proof is the same as under applicable nonbankruptcy law and is not affected by the evidentiary presumption created by Federal Rule of Bankrupt cy Procedure 3001(f) that operates to shift the burden of production, but not the burden of proof.
The appellant mortgage service company, which does not contest that nonbank-ruptcy law allocates to it the burden of…
2Cases cited17 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- Gardner v. CaliforniaSupreme Court of the United States · 1969
- In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
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- In Re ColemanUnited States Bankruptcy Court, W.D. Missouri · 2007
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