2012 US Code
Title 11 - Bankruptcy
Appendix (rules 1001 - 9037)
FEDERAL RULES OF BANKRUPTCY PROCEDURE (rules 1001 - 9037)
Part VI - COLLECTION AND LIQUIDATION OF THE ESTATE (rules 6001 - 6011)
Rule 6001 - Burden of Proof As to Validity of Postpetition Transfer
Publication Title | United States Code, 2012 Edition, Title 11 - BANKRUPTCY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 11 - BANKRUPTCY TITLE 11 - APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE PART VI - COLLECTION AND LIQUIDATION OF THE ESTATE Rule 6001 - Burden of Proof As to Validity of Postpetition Transfer |
Contains | rule 6001 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
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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—1983This 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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