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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF MISSISSIPPI IN RE: MICHAEL BENNY CASE NO. 1151783KMS DEBTOR CHAPTER 13 MICHAEL BENNY PLAINTIFF V. ADV. NO 1105046KMS The NEWEST BANK, FSB, F×K/A

How to fill out proposed findings of fact

1. Start by reviewing the relevant legal standards and the evidence presented in the case. This will help you determine what facts are important and require findings.
2. Organize the proposed findings of fact by systematically addressing each issue or claim involved in the case. This may include outlining the elements of a legal claim and presenting the facts that support or refute each element.
3. Begin each proposed finding of fact with a clear statement of the fact. Use concise and precise language to state the fact accurately.
4. Provide references to the evidence that supports each proposed finding of fact. This may include citing specific documents, witness testimony, or expert opinions.
5. Ensure that the proposed findings are logical and consistent. Avoid contradictions or conflicting statements that could weaken the overall argument.
6. Be mindful of the burden of proof. Depending on the type of case, the burden may be on one party to prove certain facts by a preponderance of the evidence or beyond a reasonable doubt. Tailor your proposed findings to meet the applicable burden.
7. Review the proposed findings of fact for completeness. Ensure that all relevant facts have been included and that no essential facts have been overlooked.
8. Consider the legal requirements for submitting proposed findings of fact. Some jurisdictions may have specific rules or formatting requirements that you need to follow.

Who needs proposed findings of fact?

1. Lawyers: Attorneys use proposed findings of fact to present the court with a clear and persuasive argument regarding the facts of the case. This helps the court understand the evidentiary basis for their legal arguments.
2. Judges: Judges rely on proposed findings of fact to make informed decisions in a case. These findings provide a concise summary of the evidence, making it easier for the judge to evaluate the merits of each party's claims.
3. Appellate Courts: Appellate courts may use proposed findings of fact to review the trial court's decision. These findings help the appellate court assess whether the trial court made any errors of law or fact, and whether the decision should be upheld or reversed.

In summary, filling out proposed findings of fact involves organizing and presenting the relevant facts and evidence in a clear, concise, and logical manner. These findings are essential for attorneys, judges, and appellate courts to understand the factual basis of a case and make informed decisions.

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What is proposed findings of fact?

Proposed findings of fact are written conclusions drawn from the evidence presented during a legal proceeding, outlining the key points established during the case.

Who is required to file proposed findings of fact?

Typically, parties involved in a legal proceeding are required to file proposed findings of fact to assist the court in making a final decision based on the evidence presented.

How to fill out proposed findings of fact?

Proposed findings of fact should be filled out by summarizing the key points established during the case, supported by evidence presented, and aligning with relevant laws and regulations.

What is the purpose of proposed findings of fact?

The purpose of proposed findings of fact is to provide the court with a clear and organized summary of the evidence presented during the case, helping to streamline the decision-making process.

What information must be reported on proposed findings of fact?

Proposed findings of fact should include a summary of key evidence presented, legal arguments made, and conclusions drawn from the evidence, all supported by references to the record.