Site /
Codeuvta08ghdefenseburden
Site.Codeuvta08ghdefenseburden History
Hide minor edits - Show changes to output
Added lines 1-11:
§ 8(g) The following rules determine the burden of proving matters referred to in this section:
->(1) A party that seeks to invoke subsection (a), (d), (e), or (f) has the burden of proving the applicability of that subsection.
->(2) Except as otherwise provided in paragraphs (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).
->(3) The transferee has the burden of proving the applicability to the transferee of subsection (b)(1)(ii)(A) or (B).
->(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.
§ 8(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
->(1) A party that seeks to invoke subsection (a), (d), (e), or (f) has the burden of proving the applicability of that subsection.
->(2) Except as otherwise provided in paragraphs (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).
->(3) The transferee has the burden of proving the applicability to the transferee of subsection (b)(1)(ii)(A) or (B).
->(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.
§ 8(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.