What is the burden of proof for a creditor seeking to have their debt declared nondischargeable?
MultiRegion, United States of America
The following excerpt is from Conaway v. Gardner (In re Gardner), Adv. No.: 2:14-ap-01465-ER, Case No.: 2:14-bk-15576-ER (Bankr. C.D. Cal. 2015):
A creditor seeking to have a debt declared nondischargeable has the burden of proof under the preponderance of the evidence standard. Grogan v. Garner, 498 U.S. 279, 287, 111 S.Ct. 654 (1991). To prevail on a 523(a)(2)(A) claim, a creditor must prove that:
In re Sabban, 600 F.3d 1219, 1222 (9th Cir. 2010).
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