U.S. Bank Trust v. Atchley

Plaintiff bank was granted judgment for foreclosure and sale. After sale, bank moved to confirm the same. Foreclosure judgment stipulated that a deficiency judgment would be granted only where Defendant's "liability has not been discharged in bankruptcy." Defendant never appeared before the court had provided no evidence that debt had been discharged in bankruptcy. Requiring that Plaintiff prove the debt not discharged in bankruptcy would constitute an improper shifting of the burden of proof. Court's insistence that Defendant provide "further documentation was contrary to statute.(CARTER and O'BRIEN, concurring).