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Fed. R. Bankr. P. 6001

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 6001 Burden of Proving the Validity of a Postpetition Transfer

COLLECTING AND LIQUIDATING THE ESTATE

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Rule Text

An entity that asserts the validity of a postpetition transfer under § 549 has the burden of proof.

Plain-English Summary (for reference only — not a substitute for the rule text above)

If someone transfers property after a bankruptcy case has been filed, that transfer may not be allowed under the law. Section 549 of the bankruptcy code lets the bankruptcy trustee cancel certain transfers that happen after the case begins.

If someone wants to argue that the transfer was valid and should be allowed to stand, they must prove it. The person making that argument carries the burden of proof, meaning they have to show the court why the transfer should be considered legal. The trustee does not have to prove the transfer was wrong; the other side has to prove it was right.

Summary generated March 09, 2026

Committee Notes

Notes of Advisory Committee on Rules—1983

This rule is derived from former Bankruptcy Rule 603. The Act contained, in § 70d, a provision placing the burden of proof on the same person as did Rule 603. The Code does not contain any directive with respect to the burden of proof. This omission, in all probability, resulted from the intention to leave matters affecting evidence to these rules. See H. Rep. No. 95–595, 95th Cong. 1st Sess. (1977) 293.

Committee Notes on Rules—2024 Amendment

The language of Rule 6001 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

(As amended Apr. 2, 2024, eff. Dec. 1, 2024.)

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