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.
holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action recognizing that a party can obtain declaratory relief but still not be entitled to an award of attorneys fees under the declaratory judgments act 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 holding burden of proof is on one asserting an affirmative defense holding that the burden of proof is on the claimant