Quote:
Originally Posted by Rainger99
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.
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Very interesting, was not aware of that. So if the debtor (TVH) objects to the creditors claims, the burden of proof shifts to them to prove the claims are false. If they don’t object, then the claims are considered correct. By this logic, the creditors are forcing disclosure/discovery onto the party filing for bankruptcy (TVH). Kind of puts TVH between a rock and a hard place if they are indeed trying to avoid opening up their books to full discovery. It will be interesting to see if TVH objects to any of the creditor claims, exposing them to discovery?