Legal Opinion
Lundell v. Anchor Construction Specialists, Inc.
Court of Appeals for the Ninth Circuit
Decided September 11, 2000No. Nos. 98-17090, 98-17260PublishedCited by 8 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
We are asked to decide whether, upon objection to a proof of claim filed pursuant to 11 U.S.C. § 501, a bankruptcy court improperly allocated the burden of proving the invalidity of the claim on the objector by discounting in its entirety his testimony in support of his objection. We hold that the bankruptcy court properly allocated the burdens of proof and persuasion.
I
This action arises out of the failure by West Coast Construction (“West Coast”), a construction company formed by Ronald and Lloyd Hawkins (“the Hawkins”), to complete several federal construction projects…
2Cases cited16 opinions
- In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- 26 Collier bankr.cas.2d 663, Bankr. L. Rep. P 74,447 in Re Allegheny International, Inc. J. Daniel SnyderCourt of Appeals for the Third Circuit · 1992
- Erik Unt v. The Aerospace Corporation, United States Air Force, Space and Missile Systems Organization, and Air Force Systems CommandCourt of Appeals for the Ninth Circuit · 1985
- In Re H. Frank Dominguez, Debtor. H. Frank Dominguez v. David D. Miller Denyse M. MillerCourt of Appeals for the Ninth Circuit · 1995
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re KaskelUnited States Bankruptcy Court, D. Idaho · 2001
- In Re LopezUnited States Bankruptcy Court, D. Idaho · 2006
- In Re Ardent, Inc.District Court, District of Columbia · 2003
- In Re BlackstoneUnited States Bankruptcy Court, D. Idaho · 2001
- In re KimballUnited States Bankruptcy Court, W.D. Oklahoma · 2016
3 more not listed; retrieve them via the Exa API.