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Old 08-23-2025, 05:39 PM
Rainger99 Rainger99 is online now
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Quote:
Originally Posted by dewilson58 View Post
Welcome to USA..................innocent until proven guilty.

You are correct that in a criminal action, the burden is always on the government. However, this is not a criminal action. It is a bankruptcy action. And it has different burdens of proof.

When a creditor files a bankruptcy claim using the correct official form and with supporting documents, it is treated as "prima facie evidence" of its validity and amount.

Prima facie evidence means the claim is presumed to be correct on its face.

The creditor's burden at this stage is simply to file the claim properly and on time.

If the debtor (or another interested party) objects to the claim, the burden of proof shifts to that objecting party.

I haven’t seen any evidence that TVH has objected to any claims, much less produce any evidence that the claims are defective.