What is the burden of proving nondischargeability against a debtor?
MultiRegion, United States of America
The following excerpt is from In re Capparelli, 33 BR 360 (Bankr. S.D.N.Y. 1983):
8 Once a creditor has met his burden of providing "clear and convincing evidence" of the nondischargeability of his debt, the burden then shifts to the debtor to rebut acts of nondischargeability. See, e.g., Connelly v. Michael, 424 F.2d 387, 389 (5th Cir.1970). In the instant case, the debtor failed to rebut these acts of nondischargeability established by this creditor.
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