What is the burden of proof for a claim under Section 523 of the Divorce Act?

MultiRegion, United States of America

The following excerpt is from In re Foto, 258 BR 567 (Bankr. S.D.N.Y. 2000):

One such issue is the burden of proof. Under Grogan v. Garner, 498 U.S. 279, 287, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991), the creditor seeking a determination of non-dischargeability under Section 523(a) has the threshold burden of establishing facts necessary to show that the debt is one which falls within the scope of one of the subsections of the statute. Thus, the creditor has the burden of showing that the debt "is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record. . . ." Having established this much under subsection (15), Section 523(a) declares the debt to be non-dischargeable "unless" the conditions specified in either subsections (A) or (B) of subsection (15) are established.

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