Codeuvta08ghdefenseburden

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April 21, 2022, at 04:17 AM by 50.159.12.10 -
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§ 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.