Does the bankruptcy court have to apply a special evidentiary standard to determine whether a debtor has been successful in bankruptcy?
MultiRegion, United States of America
The following excerpt is from Jenkins, In re, 32 F.3d 572 (9th Cir. 1994):
3. Jenkins asserts that the bankruptcy court was required to apply some special evidentiary standard which would construe evidence in his favor. He is incorrect. The proper standard is simply preponderance of the evidence. See Grogan v. Garner, 498 U.S. 279, 291, 111 S.Ct. 654, 661, 112 L.Ed.2d 755 (1991).
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