South Dakota Codified Laws 36-21A-107. Burden of proof as to fraud or conversion–Presumption when original action was contested by debtor
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If an applicant’s judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds.
Terms Used In South Dakota Codified Laws 36-21A-107
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Trustee: A person or institution holding and administering property in trust.
Source: SL 1992, ch 273, § 107.