What is the burden of proving against a party opposing a debtor's discharge under Section 727(a)?
federal, United States of America
The following excerpt is from Cooke v. Renshaw (In re Cooke), Adv. No. 13-01062-PC, BAP No. CC-15-1037-KiTaKu (B.A.P. 9th Cir. 2016):
The party objecting to a debtor's discharge under 727(a) bears the burden of proving by a preponderance of the evidence that the debtor's discharge should be denied. In re Retz, 606 F.3d at 1196. Courts are to "'construe 727 liberally in favor of debtors and strictly against parties objecting to discharge.'" Id. (quoting Bernard v. Sheaffer (In re Bernard), 96 F.3d 1279, 1281 (9th Cir. 1996)).
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