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IN RE GARVIDA

BAP No. WW-05-1494-KPaN, Bankruptcy No. 04-17846.

347 B.R. 697 (2006)

In re Jose A. GARVIDA and Betty C. Garvida, Debtors. Litton Loan Servicing, LP, Appellant, v. Jose A. Garvida; Betty C. Garvida, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed — July 31, 2006.

Attorney(s) appearing for the Case

Daniel J. Goulding, San Diego, CA, for Litton Loan Servicing, LLP.

Larry B. Feinstein, Vortman & Feinstein, Seattle, WA, for Jose and Betty Garvida.

Before: KLEIN, PAPPAS, and NIELSEN, Bankruptcy Judges.

Argued and Submitted on June 23, 2006 at Seattle, Washington.

KLEIN, Bankruptcy Judge.

The underlying question turns on who bears the burden of proof and the correlative risk of nonpersuasion regarding the amount owed on a disputed claim in a bankruptcy case. The answer is that the substantive burden of proof is the same as under applicable nonbankruptcy law and is not affected by the evidentiary presumption created by Federal Rule of Bankruptcy

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