Third Circuit: In re: Thomas C. Wettach

Bankruptcy, Burdens

At trial, bankruptcy petitioner has production burden to show that funds transferred were used for household purposes, although the creditor still retains the burden of persuasion on the voidability of the transfer.

Burden under constructive transfer state statute is identical to the Federal.

No clear error in trial court factual findings on the transfer.

http://www2.ca3.uscourts.gov/opinarch/143140p.pdf