FEDERAL · 11 U.S.C.
Rule 6001. Burden of Proving the Validity of a Postpetition Transfer
11 U.S.C. § Rule 6001. Burden of Proving the Validit
Title11 — Bankruptcy
PartVI
This text of 11 U.S.C. § Rule 6001. Burden of Proving the Validit (Rule 6001. Burden of Proving the Validity of a Postpetition Transfer) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
11 U.S.C. § Rule 6001. Burden of Proving the Validit.
Text
An entity that asserts the validity of a postpetition transfer under §549 has the burden of proof.
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Related
§ 549
11 U.S.C. § 549
Source Credit
History
(As amended Apr. 2, 2024, eff. Dec. 1, 2024.)
Editorial Notes
Notes of Advisory Committee on Rules—1983
This 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.
Committee Notes on Rules—2024 Amendment
The language of Rule 6001 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
This 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.
Committee Notes on Rules—2024 Amendment
The language of Rule 6001 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
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11 U.S.C. § Rule 6001. Burden of Proving the Validit, Counsel Stack Legal Research, https://law.counselstack.com/usc/11/Rule 6001. Burden of Proving the Validit.