The following excerpt is from In re Cooper, Adversary Proceeding No. 13-1068, Case Number 12-17745-B-13, DC No. DMG-4 (Bankr. E.D. Cal. 2014):
Applicable Law Regarding Proofs of Claim. A proof of claim is deemed allowed unless a party in interest objects pursuant to 502(a). A properly filed proof of claim constitutes "prima facie evidence of the validity and amount of the claim" pursuant to Federal Rule of Bankruptcy Procedure 3001(f). When a party objects to a claim, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the courts have "put in place a general procedure to allocate the burdens of proof and persuasion in determining whether a claim is allowable." Lundell v. Anchor Construction Specialists (In re Lundell), 223 F.3d 1035, 1039 (9th Cir. 2000). The relative burdens for production of evidence and persuasion are explained in Lundell at 1039 as follows:
Id., citations omitted.
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