With no explanation, chose the best option from "A", "B", "C" or "D". dismissed on March 20, 2014. 10 . After receiving the Bankruptcy Court's Opinion and Order, the District Court directed the parties to submit a status report in the Contract Action. The Contract Action, however, has remained closed during the pendency of the instant adversary proceeding, including this appeal. 11 . The Bankruptcy Court held the Trustee had the burden of proving whether monies owed under the Consulting Agreement are property of the estate. R.3 at 5 (citing In re Datesman, No. 98-30369, 1999 WL 608856, at *2 (Bankr.E.D.Pa. Aug. 9, 1999) (“The burden of proof as to what is property of the estate generally rests with the creditor.”)). The parties do not challenge this holding. Accord Rex-Tech. Int'l, LLC v. Rollings (In re Rollings), 451 Fed.Appx. 340, 345 (5th Cir. 2011) (<HOLDING>). 12 . This standard derives from Segal v.

A: holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action
B: holding burden of proof is on one asserting an affirmative defense
C: holding the burden of proof in a bankruptcy court action for declaratory relief as to the ownership of disputed property was on the party making an affirmative claim for relief
D: recognizing that a party can obtain declaratory relief but still not be entitled to an award of attorneys fees under the declaratory judgments act
C.