Empowering Consumer Bankruptcy Professionals Through Knowledge.

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Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.

Last month, the Supreme Court granted cert agreeing to consider the issue of judicial estoppel arising in a Chapter 13 case.

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Taylor v. Freeland & Kronz, Law v. Siegel, Hamilton v. Lanning, and Butner v. US.

The Honorable Luis E. Rivera II was sworn in Oct. 2nd as the newest bankruptcy judge for the Middle District of Florida. Judge Rivera's duty station is in Tampa. He will also preside in the Court's Fort Myers Division.